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Report of the Commission 
to Codify Revise the 
Laws of Ohio relative 
to Children 



i 

REPORT OF THE COMMISSION TO CODIFY AND REVISE THE 
LAWS OF OHIO RELATIVE TO CHILDREN 

i 

6 
-t- 

To His Excellency, Judson Harmon, 

Governor of Ohio. 

Sir: 

The undersigned Commission was appointed by your Excellency 
under and by virtue of the provisions of 102 Ohio Laws, page 123, pro¬ 
viding “For the appointment of a commission to revise, consolidate and 
suggest amendments to the statute laws of the State of Ohio which 
pertain to children.” 

This Act defines the powers and duties of the Commission in part 
as follows: 

“In performing this duty such commissioners shall unify the 
present laws pertaining to illegitimate, defective, neglected, dependent 
and delinquent children, and to their treatment, care, maintenance, 
custody, control, protection and reformation; and shall suggest such 
amendments and additions as to them may seem best calculated to bring 
the state law of this State into harmony with the best thought on this 
subject.” 

In assigning to us this task we realize you have laid upon us a heavy 
responsibility. We have endeavordo the work conscientiously and 
thoroughly. * •; 

We have visited the eastern states; we have corresponded all over 
the United States and with some of the officials of European countries 
and have studied the laws of the various states; we have met with the 
theorist and the practical worker. In the State of Ohio we have con¬ 
sulted and corresponded with children's home officials, juvenile judges, 
probation officers, officials of the state boards and institutions, and with 
private charity workers. We have done our best to get all points of 
view. As a result of this work, we have formed our own conclusions, 
which are embodied in this report. 

We think that most persons having the welfare of the children of 
Ohio at heart will agree in approving of most of the statutory changes 
which we recommend. As to a few of the matters touched upon there 
will be a difference of opinion among such persons. We will give the 
reasons which seemed to us decisive, and your Excellency and the Legis¬ 
lature can thereafter allow them whatever weight they may be entitled 
to receive. 

We are convinced, however, that in the enactment of the Legislation 
which we propose lies a great opportunity for our State. No class is 
in such need of the fostering care of the State as its dependent, neglected 
and delinquent children; no class will to the same extent repay the State 
many times the labor and money wisely expended upon it. 

Our problem has been how best to help our State advance along the 
lines of the most modern and approved methods of prevention and cure 
of dependency and delinquency by a process preferably in the nature 
of a growth and not a revolution. We will accomplish much more if we 
do not attempt to destroy our existing system and start another one on 
different lines. We will do better to take the existing system, strengthen 


H a1 K 

‘ i<U 


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it and devise ways by which it may be used to carry out whatever im¬ 
provements in the care of its children it is proposed to inaugurate. 

The existing system of caring for dependent and neglected children 
in Ohio may be briefly described as follows: 

In 55 counties there are county children's homes, supported by 
funds at the disposal of the county commissioners. In six other counties 
there are semi-public children's homes supported in part by the funds 
of the county. There is one district home situated at Alliance. The 
county infirmaries maintain children of inmates until they are one year 
old, when they are transferred to the county home, if any, otherwise they 
are a charge upon the county commissioners. 

County and semi-public homes place a part of their wards in private 
homes upon adoption, indenture or contract. 

Besides these public agencies for the care of dependent children 
there are private asylums and homes, some of which engage in the 
placing of children in private homes. 

Delinquent children are sent by the juvenile court to boys’ or girls’ 
industrial schools, or to the state reformatory. There is at present no 
system of placing delinquent children in private homes, unless the parole 
system be considered such. 

Dependent children are sent to the various kinds of institutions, 
either voluntarily by their parents or by the township trustees, or in 
some cases by the county commissioners, or they come through the 
juvenile court which in Ohio passes upon the question of dependency as 
well as delinquency. 

The Board of State Charities has rather limited powers of obtain¬ 
ing information regarding the work done by public and private institu¬ 
tions. It IDs also the power and duty to issue an annual license to 
private institutions receiving children from the juvenile courts. 

These are the instruments now existing in Ohio for the care of our 
dependent and delinquent children. No doubt within the limitations 
of the various statutes they are doing a very good work. Our plan has 
been to add to and rearrange the powers now held by these officials and 
institutions in such a way as to give them a freer hand and wider scope 
in their work. 

The accompanying copies of the proposed new statutes indicate by 
italics where new matter occurs, and by dotted lines where old matter 
has been omitted. For the most part the proposed changes will speak 
for themselves. We will, however, briefly summarize the most im¬ 
portant points. 


CHILD PLACING. 

The best cure for dependency or delinquency is of course to place 
the child in such an environment that will tend to make him independent 
and honest. 

As to one of the great plans by which this result is to be achieved, 
namely: the placing of children whose homes are unfit or do not exist, 
in carefully selected private homes, we think nearly every one will agree 
that this, when carried out properly, is the best of all methods. 

The institution usually does not develop a child’s individuality, nor 
give him the sort of training needed to fit him for the problems of life 
outside the institution. There is a tendency to institutionalize the child. 


At the same time we believe that most institutions are infinitely to 
be preferred to a loose and careless system of placing children in homes. 
One hesitates to think what may happen to the helpless child farmed out 
as a slave and drudge, with no one in all the world to care what becomes 
of him. 

It follows not only that child placing by public as well as by private 
institutions should be encouraged, but that there should be provided at 
the same time a power of supervision on the part of the State in order 
to insure that those who undertake this important business of placing 
children in the homes of strangers should exercise discrimination in the 
selection of homes, and should verify their judgment by subsequent visi¬ 
tation of the child so placed; in other words, that there should be a 
follow-up system. 

One of our chief underlying purposes in drawing the proposed 
amendments relating to children's homes, board of state charities and 
juvenile courts, is to provide a system by which there will be more and 
better placing of dependent, neglected and delinquent children in private 
homes. Whether or not the specific measures we propose are wise, the 
object is one which we think all thoughtful people will agree is essential. 


CHILDREN'S HOMES. 


Your Commission believes that the county children’s homes serve a 
very useful purpose, first as a temporary depository to keep children 
and later return them to their parents when conditions are proper for 
their return, second as a place to train children preparatory to their 
being placed, and which will permit of time for finding the right home 
instead of a too hurried choice, and third as an asylum for Children who 
are too low grade to be placeable. 

We feel, however, that the county homes can increase their useful¬ 
ness by more child placing and by more careful following up and super¬ 
vision of placed children. We have drawn the children’s home code in 
such a way as to encourage greater activities along these lines. 

Our recommendations regarding public children's homes may be 
thus summarized: 

New homes cannot be established except upon approval of the 
Board of State Charities. 

Physicians shall be employed and records kept of physical and 
mental conditions found. 

Teachers must have elementary school certificates. It is provided 
in another place that the public schools shall be open to all children in 
the county homes and other asylums. 

Children over one year and not morally vicious or incorrigible shall 
be admitted upon order of the trustees or the Juvenile Court. 

Township trustees shall refer cases of children not abandoned to 
the Juvenile Court, instead of themselves taking the responsibility of 
committing children to the homes. 

In counties where there are no homes, the commissioners must take 
care of destitute abandoned children and may pay board to institutions 
and private homes for children sent through the Juvenile Court. 

A child shall be deemed abandoned upon the parents being in 
arrears on board for one year. It is urged by some that this period be 
six months. 


3 


The entire system of indenture except for the state reformatories, 
implying as it does a kind of slavery, is an anachronism in this day and 
generation, and is abolished. Instead we have substituted placements 
upon agreement, which may or may not provide for payment of money, 
according to the judgment of the trustees. 

Either a visiting agent must be employed or children placed through 
the Board of State Charities. The home has the option also of placing 
children through the State Board or through private institutions ap¬ 
proved by that Board. 

There is a difference of opinion regarding the age limit, which we 
have placed for commitment where it is now for the retention of 
children at children’s homes, viz.: at under 18 years. We think this age 
limit should correspond to that for the jurisdiction of the Juvenile 
Court, which we have raised from 17 to 18 years. While cases of com¬ 
mitment to county homes of children near this age limit would be rare, 
it would seem that there should be some place to which the Court would 
have the right to send a helpless girl of 16 or 17, even though only as a 
temporary measure. 

We have provided that the Court should have the power to commit 
children to children’s homes without first obtaining the approval of the 
Board of Trustees, but have provided at the same time that no incor¬ 
rigible or vicious child should be committed, and that such a child could 
be returned to the Court for a rehearing. There is a difference of 
opinion on this question, but we believe that the Court should have this 
power in the case of a dependent child just as it does in the case of a 
delinquent child which may be sent to a state institution without first 
obtaining its consent. In practice we do not anticipate that difficulties 
would arise in working out this plan. Courts and children’s home of¬ 
ficials naturally work together and not at cross purposes. The result 
should be more satisfactory than the present situation, in which it is not 
clear whether or not the courts have this power. 


BOARD OF STATE CHARITIES. 


This Board has now very little real supervisory power. It is not 
desired of course to make it into a prying busybody affair. We believe 
however, that the State should take sufficient interest in its dependent 
children to see that those persons who have assumed the responsibility 
of caring for them do so properly. No institution which is conscien¬ 
tiously doing its duty need apprehend anything but helpful assistance 
from a State Board with powers of supervision. For the sort of institu¬ 
tion, however, which recklessly undertakes the care of children without 
such financial support as will insure that their wards will not be sud¬ 
denly turned adrift on the world without guardians, for institutions 
which do not follow up their placed children, for those rare cases of 
institutions run for profit rather than for the good of their wards, there 
is needed some kind of supervisory power for the protection of the 
children. The exercise of such power would probably be only occasional. 
The main function of the Board should be to provide full information for 
all child-caring institutions with a view to enabling them to profit by 
experience of others. The tendency in all the more progressive states 
is to increase the powers of their state boards of charities or similar 
boards along the lines indicated. 


4 


For our State Board of Charities we recommend provisions increas¬ 
ing the number of visiting agents employed by the board and giving 
these agents additional powers. With regard to placed children their 
duty will be primarily to see that the various children’s institutions are 
visiting their placed out wards. They will have the power, however, 
at their discretion, of themselves visiting such wards. 

The Board also is given additional powers and duties in the line of 
certifying to the fitness of the various institutions of the State to receive 
and care for placed children, whether the same come through the juve¬ 
nile court or not. It is provided that the juvenile court may not commit 
a child to an institution not so certified. 

In addition to these powers of supervision we have drawn pro¬ 
visions creating certain administrative functions for this board. A 
more ideal plan perhaps would have been that followed by the State of 
New Jersey, i. e., the creation of a new State Board of Children’s 
Guardians, which should undertake the administrative functions pro¬ 
posed, leaving to the Board of State Charities those of a supervisory 
nature. We have found, however, a strong existing prejudice against 
the creation of new boards, and have therefore concluded to follow the 
Massachusetts plan by which both kinds of functions are assumed by 
the same board. We have therefore provided that the Board may receive 
as its wards dependent or delinquent children from the Juvenile Court, 
or from children’s homes, houses of refuge or other institutions, with 
the consent of the Court which committed them to such institutions. 
Such children shall be placed by it in carefully investigated homes, and 
board may be paid when necessary. In the case of delinquent children 
the Court may order parents to pay board. 

The matter of reimbursement of the Board by the County is a diffi¬ 
cult one. In Massachusetts the state bears the entire expense. In New 
Jersey the county provides the funds. The former system works well. 
The latter does not work well because the counties are niggardly of their 
money. 

When, as here, the county home system exists, if the state at large 
carries the entire expense, counties which are already paying for homes 
would feel injured. We recommend a plan like that followed in Indiana, 
which also has the county home system, i. e.: salaries and general ex¬ 
pense will be charged to the state; traveling expense referable to each 
child together with one-half the board, if any, paid for it, shall be 
charged to its county. The state will stand this expense, and then will 
collect from the county, instead of waiting, as they do in New Jersey, 
until the county sets aside enough money for the purpose. 

State child placing is not inconsistent with but supplemental to 
placing by county homes. It may or may not be a great success accord¬ 
ing to the quality of the administration. If done well (and the people of 
the state should look to it that it is done well), it should supply a long 
felt want and should constitute an important step forward in the care 
of Ohio’s dependent and delinquent children. 

We can be sure, however, that it will not be done well unless ade¬ 
quate appropriations are made by the Legislature. 


JUVENILE COURT. 

The new juvenile court code as drawn by us provides no radical 
changes in the functions of this court except in the matter of widows’ 
pensions. We have sought to make this court the sole distributing 


5 


agency for both dependent and delinquent children. Township trustees 
and county commissioners not elected with a view to their qualifications 
for such purposes are not equipped as a rule to do the work as efficiently 
as the juvenile court with its corps of probation officers. 

The following are the more important changes suggested: 

The jurisdictional age limit is raised to include all children under 18. 

Contributing to the dependency and neglect of a child, as well as to 
delinquency, and acting in a way tending to cause delinquency, are made 
punishable. These changes are important, since now you must first find 
a child delinquent before you can punish anyone for corrupting him. 
Under the wording proposed, miscreants, who try to corrupt children but 
do not succeed, can be reached. 

Physical and mental examinations of children committed by the 
court shall be made by physicians appointed by the court and the phy¬ 
sicians’ certificate shall accompany the commitment papers. 

Children may be sent to a children’s home in another county, if 
willing to receive it, upon payment of board. 

In addition to the institutions to which children may now be sent, 
the Court may commit them to the Board of State Charities, as its 
wards. 

The court may, upon investigation of the facts, order parents to 
pay board for children committed by them to any institution. 

The court may exclude undesirable and unnecessary persons from 
the room. This reform is important because it permits the judge to act 
as does the father or physician when dealing with children. He takes 
them aside and quietly ascertains the facts. The children are not pil¬ 
loried before the public and the curiosity seekers. Such part of the 
public as has a real interest of course must be admitted. The present 
practice is to exclude unnecessary persons at times from such 
hearings (they are not criminal trials, and the constitutional guarantee 
of a public trial does not apply) ; but we think it better to strengthen 
the court’s hands in this respect. 

When husbands are imprisoned their wives shall receive 50c instead 
of 40c a day. 

Widows’ pensions are provided for in section 1683-2 to 1683-9. 
These provisions are modeled after those of the Missouri statute, but 
contain several additional safeguards. The following conditions prece¬ 
dent to the receipt of such pensions are described. Women having 
children, whose husbands are dead, disabled, or imprisoned and not con¬ 
tributing to their support may receive from a special county fund upon 
order of the juvenile court an allowance of $15.00 for a mother and one 
child, and $7.00 for each additional child; provided, upon investigation 
of the court, associated charities, or other organization, it is found that 
such a pension will be necessary in order to hold the home together, 
that it is a fit home for the child, that the mother will thus be enabled 
to stay at home, where she may both work and look after the children 
every day except one for work outside. The allowance can be renewed 
only upon investigation and will cease when the child becomes 14 years 
old. 

While your Commission is not unanimously agreed as to the desira¬ 
bility of any enactment of this kind, it is agreed that should any be 
passed, it should be in the form above outlined. 


6 


It is argued on the one hand that a similar law has worked out well 
in Chicago and Kansas City, Mo., by the help of private charitable 
agencies in making investigations; that such a pension will provide 
means whereby the child may be kept in its own home rather than in an 
institution, and that it will be more economical for the tax payer to help 
support such a child at home within the limits proposed, than that its 
entire support should be paid for by an institution. 

The opponents of such a measure do not believe that public agencies 
are fitted to administer this kind of direct relief. They maintain also 
that it will tend to make the juvenile court into too much of a charitable 
bureau and will take it too far from its judicial functions. They argue 
further that in many cases the sine qua non of successful administra¬ 
tion of such a pension, viz.: a thorough preliminary examination of the 
beneficiaries with a careful subsequent following up, cannot or will not 
be made by the court. 


OFFENSES AGAINST CHILDREN. 

In addition to the above described offenses against children included 
in the juvenile court code we have added provisions for the safeguard¬ 
ing of children against abuse and corruption of various kinds. We have 
provided that children, except for church and charitable entertainment, 
should not appear on the public stage under 14. At present unless such 
a child sings, dances, etc., on the stage, or unless intoxicating liquors are 
sold in the establishment, they may appear on the stage for a number 
of purposes. That the public theatre is not a place for bringing up an 
impressionable child under 14 needs hardly to be argued. There are 
perhaps exceptions to the general rule that stage life is harmful to a 
child, but it must follow in the majority of cases that such a life is one 
of over stimulation and fatigue for a child and tends to pervert it mor¬ 
ally away from simple and wholesome ideals. 

The other provisions under this category will speak for themselves. 

We have had numerous suggestions of curfew laws, regulation of 
moving picture shows and the like, but have drawn no provisions along 
these lines, believing that the local governments are better qualified 
than the state to deal with local conditions, or that such laws relating 
only in part to children were not within the scope of our duties. We 
will say, however, in passing that a state commission to regulate the 
picture show business would in our opinion be of great benefit to the 
younger generation of Ohio. 

REFORMATORIES. 

The important changes we recommend as to these institutions are 
provisions empowering the Board of Administration to transfer inmates 
at their discretion between the girls' industrial school and the women’s 
reformatory and between the boys’ industrial school and the Ohio State 
Reformatory. We have also provided that a paroled prisoner must be 
tried in the usual manner for murder or rape or arson, in addition to 
manslaughter as at present provided. 

The name of the Girls’ Industrial Home is changed to Girls’ Indus¬ 
trial School. 


7 


CHILD LABOR AND COMPULSORY EDUCATION. 


The old system under which the child was unduly exploited for the 
benefit of industry and its parents is rapidly being done away with. It 
has become recognized that it is ruinous and wasteful to permit a child to 
stunt his growth and future efficiency by premature work. Where child 
labor has been abolished industry has gained rather than suffered. There 
can be no doubt that the state at large would gain by the increased 
efficiency of its future citizens. 

Ohio has now fairly good legislation on this important subject. 
There are, however, many omissions from the descriptions of trades 
which should be prohibited to children. There is no regulation of street 
trades. It is too easy for parents to obtain working certificates for 
children under age upon false affidavits. 

The National Child Labor Committee has prepared a proposed 
uniform child labor law which has been amended from time to time 
until now it represents the best thought of the country upon this im¬ 
portant question. This law has been approved by the National Com¬ 
mittee on uniform laws. It has been enacted in Arizona and it is ex¬ 
pected that it will soon be enacted in California by means of the Initia¬ 
tive. The more important of its provisions have been enacted in many 
of the states, and we believe that the enactment of such a measure as 
a whole is inevitable in every progressive state in the Union. 

We do not propose, however, to entirely substitute the National 
Committee's law for our Ohio provisions, but rather to retain the 
present provisions wherever they seem adequate and in other matters to 
substitute or supplement them by the provisions of the proposed uniform 
law. We have not followed strictly this uniform law as to working cer¬ 
tificates, and we have included certain provisions not contained in it, 
viz.: those providing for vacation certificates, examiners to pass on the 
fifth grade requirement, penalizing the making of false affidavits and 
statements in order to obtain working certificates or a situation for a 
child under the required age. 

We have also provided for separate kinds of badges for various kind 
of street trades. 

The Department of Workshops and Factories should be provided 
with a larger clerical force to put in effect the proposed measures for 
sending in names of boys who have working certificates. It also needs 
additional inspectors to enforce the child labor laws. 


SCHOOL INSPECTION. 


At present in Ohio we have permissive medical inspection of school 
children in cities. We believe that such inspection should be made gen¬ 
eral and compulsory. In doing so we should be following in the path 
already taken by the states of Massachusetts, Colorado, New Jersey and 
Rhode Island, to which may be added Pennsylvania and West Virginia, 
which have compulsory school inspection in all except rural districts. 

There are two great purposes in such inspection. The first is the 
detection and segregation of contagious diseases. Many parents now 
recklessly expose every child in schools attended by their children to all 
kinds of contagion, including tuberculosis, and thus the vitality of the 


8 


school children as a whole is reduced and in many cases permanent 
injury done. By careful medical inspection epidemics may be prevented 
and unnecessary sickness restricted. The second purpose is the dis¬ 
covery and removal of the causes of apparent backwardness in children. 
Defective eye-sight, abnormal growths in the nose and throat, etc., fur¬ 
nish many such instances. In such cases parents will be notified and 
urged to see that the cause is removed. In places such as Cincinnati and 
Cleveland, experience has shown that many children who might other¬ 
wise always pass for stupid and defective, as a result of medical inspec¬ 
tion, are made over into normal children. 

We have drawn provisions covering certain aspects of the work 
done by the Humane Societies, state school for the feeble-minded and 
houses of refuge, none of which need elaboration here. 

In closing we beg to urge upon your Excellency that you strongly 
recommend to the Legislature the enactment of appropriations by which 
the much needed school for crippled children may become a fact. 

We would also urge larger appropriations for the state reformator¬ 
ies, especially in the matter of providing a larger number of parole 
officers. The present number employed is inadequate for the proper 
performance of this important duty. 

Lastly we would urge the building of extensive additions to the 
school for feeble-minded and other state institutions for mental de¬ 
fectives. 

There is now no proper place for a child who is at once feeble¬ 
minded and blind or deaf. The school for the blind is not fitted to care 
for the feeble-minded. The school for the feeble-minded can make the 
best use of its limited capacity by taking in only those defectives who 
can see and hear. The result is that a child with two of these defects at 
once is not ordinarily accepted at any of the state institutions. The 
remedy is to increase the capacity of the school for feeble-minded to 
such an extent that it can take care not only of such children, but also 
of the numerous feeble-minded children in the state not now provided 
for. 

There is another and often discussed reason for increasing the 
capacity of these institutions for feeble-minded. Authorities agree 
that our defectives are increasing proportionately faster than the rest 
of the population. We are taking care of them in infirmaries and 
children’s homes. The child of defective parents in the infirmary goes 
to the children’s home and when it grows up comes back to the infirmary 
from whence its progeny are transferred to the children’s home. Thus 
we have an endless chain. Our reformatories and our penitentiaries are 
full of mental defectives, all of whom freely multiply their kind. 

Sterilization does not seem to be a generally appro' ed remedy. It 
would seem to be an encouragement to vice, disease and the dreadful 
consequences of such disease. 

The only remedy is segregation, and the longer it is deferred the 
greater the expense will be. Though the amount of money required may 
seem large, in the end it needs no argument to show the saving of 
money would be great, while incidentally an incalculable benefit would 
accrue for the improvement of the race. 

Respectfully submitted, 


9 


DANIEL BABST, 
ARTHUR D. BALDWIN. 


The Commission recommends that certain of the Ohio statutes be 
amended to read as follows (proposed new matter is in italics; omission 
of old matter is indicated by stars) : 


CHAPTER 24. 

BOARD OF STATE CHARITIES. 


Section 

1349 Board of State Charities, appointment and term of members. 

1350 Meetings and rules. 

1351 Secretary and expenditures. 

1352 Duties of the Board. 

1352-1 Annual Certificates. 

1352-2 Approval of incorporation. 

1352-3 Receiving and Placing of Children. 

1352-4 Expenses Paid by Counties. 

1352-5 Delinquent Children. 

1353 Plans for public buildings must be submitted to the Board. 

1354 Governor may order investigation. 

1355 Expenses of investigation and witness fees. 

1356 Conferences of the Board with other officials. 

1357 Expenses of attending conferences. 

1358 Biennial report. 

1359 Bulletins. 


Section 1349. There shall be a Board of State 
Charities consisting of seven persons, six of whom 
shall be appointed by the governor. Of the mem¬ 
bers so appointed not more than three shall belong to 
the same political party. The governor shall be ex- 
officio a member of the Board and each year shall appoint two members 
of the Board, each of whom shall serve for a term of three years. A 
vacancy shall be filled by appointment for the unexpired term. (R. S. 
Sec. 655.) 


Board of State 
Charities, Appoint¬ 
ment and Term 
of Members. 


. Section 1350. The Board of State Charities 

Meetings and shall be provided with a suitable room in the state 

Kules> house or elsewhere in the City of Columbus , and 

shall hold regular meetings once each quarter and as often as is deemed 
necessary. The Board may make such rules and regulations for its 
government as it deems proper. (R. S. Sec. 656.) 

c , Section 1351. The governor shall be ex-officio 

Secretary and president of the Board of State Charities. Such 
Expenditures. Board may appoint a secretary who shall receive 

such annual salary as the Board may allow, and his necessary traveling 
expenses incurred in the discharge of his official duties. Such salary 


10 


and the expenditure of the Board, certified in such manner as it may 
provide, shall be paid from the state treasury upon the warrant of the 
auditor of state from funds appropriated for such purposes. (R. S. 
Sec. 657.) 


Duties of the 
Board. 


Section 1352. The Board of State Charities 
shall investigate * * * * * by correspond¬ 

ence and inspection the system, condition and man¬ 
agement of all the public and private benevolent and correctional institu¬ 
tions of the state and county, and municipal jails, work-houses, infirm¬ 
aries and children’s homes, and all maternity hospitals or homes, lying 
in hospitals, or places where women are received and cared for during 
parturition, as well as all institutions whether incorporated, private, or 
otherwise which receive and care for children. Officers in charge of such 
institutions or responsible for the administration of public funds used 
for the relief and maintenance of the poor shall furnish the Board or its 
secretary such information as it requires. The Board may prescribe 
such forms of report and registration as it deems necessary. For the 
purpose of such investigation and to carry out the provisions of Section 
sixteen hundred seventy-five of the General Code it shall employ such 
visitors as may be necessary, who shall, in addition to other duties, 
investigate the care and disposition of children made by institutions 
for receiving children, and by all institutions including within their 
objects the placing of children in private homes, and, ivhen they deem 
it desirable they shall visit such children in such homes, and report the 
result of such inspection to the Board. The members of the Board and 
such of its executive force as it shall designate may attend state and 
national conferences for the discussion of questions pertinent to their 
duties. The actual traveling expense so incurred by the members and 
such of its executive force as it shall designate shall be paid as provided 
by Section 1351. (R. S. sec. 656.) 


Section 1352-1. * * * * * Such board 

Annual shall annually pass upon the fitness of every benevo- 

Certincates. Zewf or correctional institution, corporation and asso¬ 

ciation, public, semi-public, or private as receives, or desires to receive 
and care for children, or places children in private homes. Annually at 
such times as the board shall direct, each such institution, corporation 
or association, shall make a report, showing its condition, management 
and competency, adequately to care for such children as are, or may be 
committed to it, the system of visitation employed for children placed 
in private homes, and such other facts as the board requires. When the 
board is satisfied as to the care given such children, and that the require¬ 
ments of the statutes covering the management of such institutions are 
being complied with, it shall issue to the association a certificate to that 
effect, which shall continue in force for one year, unless sooner revoked 
by the board. No child shall be committed by the juvenile court to an 
association or institution which has not such certificate unrevoked and 
received within fifteen months next preceding the commitment. A list 
of such certified institutions shall be sent by the board of state charities, 
at least annually, to all courts acting as juvenile courts and to all associa¬ 
tions and institutions so approved. Any person who receives children or 
receives or solicits money on behalf of such an institution, corporation 
or association, not so certified, or whose certificate has been revoked, 
shall be guilty of a misdemeanor, and fined not less than $5.00 nor more 
than $500.00. (99 V. 200 No. 34) G. C. 1675. 


li 


Section 1352-2. No association whose object 
Approval of may embrace the care of dependent, neglected or 

Incorporation. delinquent children or the placing of such children in 
private homes shall hereafter be incorporated unless the proposed 
articles of incorporation shall have been submitted first to the board of 
state charities. The secretary of state shall not issue a certificate of 
incorporation unless there shall first be filed in his office the certificate 
of the secretary of the board of state charities that he has examined the 
articles of incorporation, and that in his judgment the incorporators are 
reputable and respectable persons, and that the proposed work is needed, 
and the incorporation of such association is desirable and for the public 
good. Amendments proposed to the articles of incorporation of any 
such association shall be submitted in like manner to the board of state 
charities, and the secretary of state shall not record such amendment or 
issue his certificate therefor unless there shall first be filed in his office 
the certificate of the secretary of the board of state charities that he has 
examined such amendment, that the association in question is, in his 
judgment, performing in good faith, the work undertaken by it, and that 
such amendment is, in his judgment, a proper one, and for the public 
good. (99 V. 201 No. 35) G. C. 1676. 


Receiving and 
Placing of 
Children. 


Section 1352-3. The hoard of state charities 
shall when able to do so, receive as its wards such 
dependent or neglected minors as may he committed 
to it hy the juvenile court. County, district, or semi¬ 
public children's homes or any institution entitled to receive children 
from the juvenile court may, with the consent of the hoard, transfer to 
it the guardianship of minor wards of such institutions. If such 
children have been committed to such institutions hy the juvenile court 
that court must first consent to such transfer. 


The hoard shall thereupon ipso facto become vested with the sole 
and exclusive guardianship of such child or children. The hoard shall, 
hy its visitors, seek out suitable, permanent homes in private families 
for such wards; in each case making in advance a careful investigation 
of the character and fitness of such home for the purpose. Such children 
may then he placed in such investigated homes upon trial, or upon such 
contract as the hoard may deem to be for the best interests of the child, 
or proceedings may he had, as provided hy law, for the adoption of the 
child hy suitable persons. The board shall retain the guardianship of 
a child so placed upon trial or contract during its minority, and may at 
any time, if it deems it for the best interest of the child, cancel such con¬ 
tract and remove the child from such home. The hoard, hy its visitors, 
shall visit at least twice a year all the homes in which children have been 
placed hy it. Children from whom on account of some physical or 
mental defect it is impracticable to find good, free homes, may he so 
placed hy the board upon agreement to pay reasonable hoard therefor 
not to exceed $3.50 per week, ivhich shall he paid out of funds appropri¬ 
ated to the use of the hoard by the general assembly. When necessary 
any children so committed or transferred to the hoard may he main¬ 
tained hy it in a suitable place until a proper home is found. 

So far as practicable children shall he placed in homes of the same 
religious belief as that held hy their parents. 


12 


Expenses Paid 
By Counties. 


Section 1352-4. The actual traveling expenses 
of such child and that of the agents or visitors of 
said hoard in connection with placing such depend¬ 
ent or neglected child in a home and of subsequent visitation of such 
child, together with half the amount of hoard, if any, paid by said hoard 
on account of the child to the owners of such home shall be charged by 
the board of state charities to the county in which the child had a legal 
residence when received by such board. The treasurer of each county 
shall pay the quarterly draft of the board of state charities for the 
amount so chargeable against such county for the preceding quarter. 


Section 1352-5. The board of state charities 
rh iH^ Uent may w ^ en t° do so, receive as its wards with 

Children. aZZ ^ e p 0Wers given it by Section 1351-2 delinquent 

children committed to it by a juvenile court or from any institution to 
which such children may be committed by the juvenile court. Such 
children shall be placed by it in homes in accordance with the provisions 
of said Section 1351-2. Before making such commitment the court may 
make an order that the parent or parents of such child shall pay the 
board of state charities, periodically, reasonable sums for the mainten¬ 
ance of such child, which orders, upon the disobedience thereof, may be 
enforced by attachment as for contempt. The money so obtained shall 
be used for payment of such child's board and maintenance. If origin¬ 
ally committed to such institutions by the juvenile court, that court must 
first consent to the transfer of such child to the board of state charities. 
Said court may in such cases make an order that the parents or guardian 
pay for its maintenance in the same manner as if such child had been 
originally committed to said board. 

Provided that if the board of state charities find it impracticable to 
so place such child, it shall at its discretion have the right to surrender 
such child to the court or institution from which it was received. 


Section 1353. Before their adoption by the 
proper officials, plans for new jails, work-houses, 
children's homes, infirmaries, state institutions and 
municipal lockups or prisons and for important ad¬ 
ditions to or alterations in such existing institutions, 
shall be submitted to the board of state charities for 
its approval. (S. S. Sec. 656.) 

Section 1354. The governor, at any time, may 
order the board of state charities, or a committee of 
two members thereof, to investigate the management 
of a benevolent or correctional institution of the 
state. In making such investigation the board, or its committee, shall 
have authority as is conferred upon officers authorized to take depo¬ 
sitions, to send for persons and papers, to administer oaths, and to 
punish as for contempt a person, who, being duly summoned by it, 
refuses to appear or produce papers. A report of an investigation with 
the testimony taken therein, shall be made to the governor, and by him 
it may be submitted to the general assembly with such suggestions as he 
deems proper. (R. S. Sec. 656.) 


Plans for Public 
Buildings Must Be 
Submitted to 
the Board. 


Governor 
May Order 
Investigation. 


13 


Section 1355. A person summoned to appear in 
Expenses of the investigation, provided in the preceding section, 

Investigation and 0 ther than officers and employee of the benevolent 
Witness Fees. or corre ctional institutions under examination, shall 
receive such fees and mileage as are allowed witnesses in the court of 
common pleas. The witness fees, mileage and expenses of an investiga¬ 
tion shall be paid from the current expense fund of such institution 
upon an itemized account approved by the president and secretary of 
the board of state charities. (Codifying Commission.) 

Section 1356. At such times and places as it 
deems advisable, the board of state charities may 
hold conferences of the officers of state, county and 
municipal benevolent and correctional institutions, 
officials responsible for the administration of public 
funds used for the relief and maintenance of the poor, members of the 
board of county visitors, and officials charged with the enforcement of 
the probationary laws. Such conference shall consider in detail ques¬ 
tions of management of such institutions, the methods to secure their 
economical and efficient conduct, the most effective plans for granting 
public relief to the poor, and similar subjects. (R. S. Sec. 656a.) 


Conferences of the 
Board with Other 
Officials. 


Expenses of 

Attending 

Conferences. 


Section 1357. The necessary expenses of all the 
persons invited to such conferences shall be paid 
from any fund available for their respective boards 
and institutions provided they shall first procure a 
certificate from the secretary of the board of state charities that they 
were invited to and were in attendance at the sessions of such confer¬ 
ences. (R. S. Sec. 656a.) 

Section 1358. Biennially, the board of state 
Biennial Report. charities shall make a report of its proceedings to 
the governor. The report shall contain in detail a 
statement of expenses incurred, officers and agents employed, the condi¬ 
tions of state institutions under its control, and such suggestions as it 
deems proper. (R. S. Sec. 658.) 

Section 1359. The board of state charities may 
Bulletins. supplement its biennial report with bulletins con¬ 

taining statistics, and such information in regard to 
the benevolent and correctional institutions of this and other states as it 
deems useful. The board shall contract for printing the bulletins with 
an institution having a printing department, and the expenses thereof 
shall be paid from an appropriation for contingent expenses of the 
board. Upon requisition of the secretary of the board, the commission¬ 
ers of public printing shall furnish the necessary paper for printing and 
binding such bulletins. (R. S. Sec. 658.) 


14 


CHAPTER 8. 


JUVENILE COURT. 


Section. 

1639 

1640 

1641 

1642 

1643 

1644 

1645 

1646 

1647 

1648 
1648-1 

1649 

1650 

1651 

1652 

1652- 1 

1653 

1653- 1 

1654 

1654- 1 

1655 

1656 

1657 

1658 

1659 

1660 
1660-1 
1661 
1662 

1663 

1664 

1665 

1666 

1667 

1668 

1669 

1670 

1671 

1672 

1673 

1674 

1675 

1676 

1677 

1678 

1679 

1680 
1681 
1682 
1683 


What courts to have powers and jurisdiction. 

Seal. 

Appearance docket and journal. 

Jurisdiction. 

When jurisdiction terminates. 

“Delinquent child defined. ,, 

“Dependent child defined.” 

“Proper parental” care defined. 

Complaint. 

Citation, Publication. 

Bond of child. 

Special room for juvenile court. 

Hearing. 

July trial, costs. 

Judge may commit child to care of probation officer. 
Physical examination. 

Judge may commit child to care of suitable person. 

Age limit. 

Aiding or abetting delinquency. 

Affidavit for reversal, entry trial, transcript. 

Failure or neglect to support. 

Workhouse sentence; provision in case of. 

Commitment to county jail. 

Citation after hearing. 

Transfer of case to Juvenile Judge. 

Writ to whom issued. 

Private hearing. 

Expenses, how paid. 

Probation officers; appointment and compensation. 

Duties and powers of probation officers. 

Prosecuting Attorney; duty of. 

Bail. 

Suspension of sentence. 

Forfeit of bond. 

Error proceedings. 

Findings not lawful evidence. 

Detention home. 

Expenses of detention home. 

Child becomes a ward, when. 

May agree with incorporated institution for care of child. 
Agent of certain institutions, duties of. 

Judge may require information. 

Carried to Board of State Charities. 

Associations of other states. 

Penalty. * 

Religious belief. 

How Chapter construed as to industrial schools. 

When a child is charged with a felony. 

Fees and costs; how paid. 

Chapter to be liberally construed. 


15 


1683-1 Jurisdiction of judge. 

1683-2 Support of women and children in certain cases. 
1683-3 Amount of allowance. 

1683-4 Age limit. 

1683-5 Urgent cases. 

1683-6 When no allowance allowed. 

1683-7 Penalty. 

1683-8 Records. 

1683-9 Duty of commissioners to provide funds. 

2107 Girls’ age limit. (Repealed by Commission.) 

2108 Commitment to Girls’ Industrial Home. (Repealed by 

Comm’n.) 

2109 Fees. (Repealed by Commission.) 

2110 (Repealed by Commission.) 

2115 (Repealed by Commission.) 

2547 (Repealed by Commission.) 

2975 Notice to county visitors. 

7775 (Repealed by Commission.) 


Section 1639. Courts of Common Pleas shall 
What; Courts to have and exercise the powers and jurisdiction con- 
Have Powers and ferred in this chapter, and the judges of such court 
Jurisdiction. those counties of the state wherein there may be 

two or more common pleas judges regularly elected shall designate one 
of their number to transact the business arising under such jurisdiction. 
When the term of the judge so designated expires, or of his office 
terminates, another designation shall be made in like manner. Such 
judge shall be known as the Juvenile Judge, and such court as the Juven¬ 
ile Court; provided, that in any county of this state the common pleas 
court may designate the probate judge or the judge of the court of in¬ 
solvency, if any, of said county as juvenile judge and upon such desig¬ 
nation the said probate judge or judge of the court of insolvency shall 
have the same power and jurisdiction with respect to the same hereby 
conferred upon the courts of common pleas, and shall be known as juve¬ 
nile judge, and the court as juvenile court. (99 V. 192 No. 1.) 


Section 1640. The seal of the court, the judge of which is desig¬ 
nated to transact such business, shall be attached to all writs and pro¬ 
cesses. (99 V. 192 No. 2.) 

Appearance Section 1641. The clerk of the court of the 

Docket and judge exercising the jurisdiction shall keep an ap- 

Journal. pearance docket and a journal, in the former of 

which shall be entered the style of the case and a minute of each proceed¬ 
ing, in the latter of which shall be entered all orders, judgments and 
findings of the court. (99 V. 192 No. 3.) 


Section 1642. Such Juvenile Court * * * 

Jurisdiction. within the provisions of this chapter shall have jur¬ 

isdiction over and with respect to delinquent 
neglected and dependent minors, under the age of eighteen years, not 
inmates of a state institution, or any institution incorporated under the 
laws of the state for the care and correction of delinquent, neglected 
and dependent children, and their parents, guardians, or any person, 


16 


persons, corporation or agent of a corporation, responsible for, or guilty 
of causing, encouraging, aiding, abetting or contributing toward the 
delinquency, neglect or dependency of such minor. (99 V. 192 No. 4.) 


When Jurisdiction 
Terminates. 


Section 1643. When a child under the age of 
eighteen years comes into the custody of the court 
under the provisions of this chapter, such child shall 
continue for all necessary purposes of discipline and protection, a ward 
of the court, until he or she attain the age of twenty-one years. The 
power of the court over such child shall continue until the child attains 
such age. (99 V. 192 No. 4.) 


Delinquent Child 
Defined. 


Section 1644. For the purpose of this chapter, 
the words “delinquent child” includes any child 
under eighteen years of age who violates a law of this 
state or a city, or village ordinance, or who is incorrigible; or who 
knowingly associates with thieves, vicious or immoral persons; or who 
is growing up in idleness or crime; or who knowingly visits or enters 
a house of ill repute; or who knowingly patronizes or visits a policy 
shop or place where any gambling device is, or shall be, operated; or 
who patronizes or visits a saloon or dram shop where intoxicating 
liquors are sold; or who patronizes or visits a public pool or billiard 
room or bucket shop; or who wanders about the street in the night 
time; or who wanders about railroad yards or tracks, or jumps or 
catches on to a moving train, traction or street car, or enters a car or 
engine without lawful authority, or who uses vile, obscene, vulgar, 
profane or indecent language; or who is guilty of immoral conduct; or 
who uses cigarettes; or who visits or frequents any theatre, gallery, 
penny arcade or moving picture show where lewd, vulgar or indecent 
pictures are exhibited or displayed; or who is an habitual truant. A 
child committing any of the acts herein mentioned shall be deemed a 
juvenile delinquent person, and be proceeded against in the manner 
hereinafter provided. (99 V. 192 No. 5.) 

Dependent Child Section 1645. For the purpose of this chap- 

Defined. ter, the words “dependent child” shall mean any 

child under eighteen years of age who is dependent upon the public for 
support; or who is destitute, homeless or abandoned; or who has not 
proper parental care or guardianship; or who begs or receives alms; or 
who is found living in a house of ill fame, or with any vicious or dis¬ 
reputable person; or whose home, by reason of neglect, cruelty or 
depravity on the part of its parents, step parents , guardians or other 
person in whose care it may be, is an unfit place for such child; or whose 
environment is such as to warrant the state, in the interest of the 
child, in assuming its guardianship. (99 V. 193 No. 6.) 


Proper Parental 
Care Defined. 


Section 1646. A child within the provision of 
this chapter whose parents, step parents or guardian 
permits it to use or become addicted to the use of to¬ 
bacco, or intoxicating liquors as a beverage and not for medical purposes, 
or whose parents or guardian rears, keeps or permits it in or about 
a saloon or place where intoxicating liquors are sold, or a gambling 
house or place where gambling is practiced or carried on, or a house of 
ill fame, or ill repute, shall be deemed to be without proper parental care 
or guardianship. The word “child” or “children” may mean one or more 
children and includes males and females. The word “parent” may mean 
one or both parents when consistent with the intent of this chapter. 
The word “minor” means child. (99 V. 193 No. 6.) 


17 


Section 1647. Any person having knowledge of 
Complaint. a minor under the age of eighteen years who appears 

to be either a delinquent, or dependent child, may file with such juvenile 
court a complaint, sworn to, which may be upon information and belief, 
and for that purpose such complaint shall he suwciently definite by using 
the word delinquent, or dependent, as the facts may he. (Commission.) 


. Section 1648. Upon filing of the complaint, a 

pm* 1011 ’* citation shall issue, requiring such minor to appear, 

Publication. and p aren t s or guardian and other person, if any, 

having custody or control of the child or with whom it may be, to appear 
with the minor, at a time and place to be stated in the citation; or the 
judge may in the first instance issue a warrant for the arrest of such 
minor or for any person named in the complaint and charged therein 
with having abused, abandoned, or charged therein with neglect of or 
being responsible for or having encouraged, aided or abetted the delin¬ 
quency or dependency of such child, or having acted in a way tending to 
cause delinquency in such child. The parents, step parents, guardian or 
any other person not cited may be subpoenaed to appear and testify at 
the hearing. Any one cited or subpoenaed to appear who fails to do so, 
may be punished as in other cases in the common pleas court for con¬ 
tempt of court. Whenever it shall appear from affidavit that a parent 
or guardian or other person having the custody of such child resides or 
has gone out of the state or that his or her place of residence is unknown 
so that such citation cannot be served on him or her, the clerk shall 
cause such citation to be published once in a newspaper of general 
circulation throughout the county, and published in the county, if there 
be one so published. The citation shall state the nature of the complaint, 
and the time and place of the hearing, which shall be held at least two 
weeks later than the date of the publication; and a copy of such citation 
shall be sent by mail to the last known address of such parent, guardian 
or other person having custody of such child, unless said affidavit shows 
that a reasonable effort has been made without success to ascertain such 
address. The certificate of the clerk that such publication has been made 
or such citation mailed shall be sufficient evidence thereof. Until the 
time for the hearing arrives, the court shall make such temporary dispo¬ 
sition of such child as it may deem best. When said period of two 
weeks from the time of publication shall have elapsed, said court shall 
have full jurisdiction to deal with such child as provided by this chapter. 
When a person charged with violating a provision of this chapter shall 
have fled from justice in this state, such judge shall have all the powers 
of a magistrate under the laws of this state relating to fugitives from 
justice. (199 V. 193 No. 8.) 


Bond of Child. 


Section 1648-1. In any case where a child un¬ 
der the age of eighteen years is arrested with or 
without a warrant, in order to avoid the incarceration of such child, 
if practicable, the officer so arresting, unless otherwise ordered by the 
court, shall accept the written promise of the parent, guardian or other 
person with whom such child resides, or any other reputable person, to 
b& responsible for the presence of said child in the proper court at the 
time and place when such child is to appear, and at any other time to 
which the hearing in the case may be continued or adjourned by the 
court. Nothing herein contained shall be construed to prevent the 
admitting of such child to bail, in accordance with the general provisions 
of the crimes act. (Commission.) 


18 


Qrk - al p™™ Section 1649. The County Commissioners shall 

Tuvenile Coi^t provide a special room not used for the trial of 

j urt. criminal cases, when avoidable, for the hearing of 

juvenile cases. (99 V. 194 No. 9.) 


rr . Section 1650. On the day named in the cita- 

nearing. tion or upon the return of the warrant of arrest, or 

as soon thereafter as may be, the judge shall proceed, in a summary 
manner, to hear and dispose of the case, and the person arrested or 
cited to appear may be punished in the manner hereinafter provided. 
(99 V. 194 No. 10.) 


Jury Trial: 
Costs. 


Section 1651. A person charged with abuse of 
a child or being responsible for or causing, aiding or 
contributing to the delinquency, dependency or ne¬ 
glect of a child, or with acting in a way tending to cause delinquency in 
a child , arrested or cited to appear before such Court, at any time 
before hearing, may demand a trial by jury, or the judge upon his own 
motion may call a jury. The statutes relating to the drawing and im¬ 
paneling of jurors in criminal cases in the Court of Common Pleas, other 
than in capital cases, shall apply to such jury trial. * * * * * 

The compensation of jurors and costs of the Clerk of Court and Sheriff 
shall be taxed and paid as in * * * * * criminal cases in the 

Court of Common Pleas. (99 V. 194 No. 11.) 


Judge May Com¬ 
mit Child to Care 
of Probation 
Officer. 


Section 1652. In case of a delinquent child the 
judge may continue the hearing from time to time, 
and may commit the child to the care or custody of 
a probation officer, and may allow such child to 
remain at its own home, subject to the visitation of 
the probation officer, and subject to be returned to the judge for further 
or other proceedings whenever such action may appear to be necessary; 
or the judge may cause the child to be placed in a suitable family home, 
subject to the friendly supervision of a probation officer, and the further 
order of the judge, or he may authorize the child to be boarded in some 
suitable family home in case provision be made by voluntary contribu¬ 
tion or otherwise for the payment of the board of such child, until suit¬ 
able provision be made for it in a home without such payment; or the 
judge may commit such child, if a boy, to a training school for boys, 
or, if a girl, to an industrial school for girls, or commit the child to 
any institution within the county that may care for delinquent children, 
or be provided by a city or county suitable for the care of such children, 
or if a boy over the age of nine years to the boys’ industrial school, or 
where it appears upon the hearing that such delinquent child is sixteen 
years of age, or over, and has committed a felony, to the Ohio State 
Reformatory, or to any state institution which may be established for 
the care of delinquent boys, or, if a girl over the age of nine years, to 
the girls’ industrial home or to any state institution which may be 
established for the care of delinquent girls. In no case shall a child, 
committed to such institution, be confined under such commitment after 
attaining the age of twenty-one years; * * * * * or the judge 

may commit the child to the care and custody of an association that will 
receive it, embracing in its objects, the care of neglected or dependent 
children, if duly ***** approved by the Board of State 
Charities, as provided by law . 


19 


Physical 

Examination. 


Section 1652-1. Every child coming within the 
provisions of this chapter, and disposed of by virtue 
of its provisions, shall be subjected to a physical and 
mental examination by a competent physician, or physicians, to be 
appointed by the Juvenile Court, and the physician as appointed shall 
certify the condition in which he finds such child, a copy of which certi¬ 
ficate shall be sent to the institution, or person to whom it is com¬ 
mitted. The Boys’ Industrial School, the Girls’ Industrial School and 
other penal institution of the state shall provide separate quarters for 
any such child so certified as having a contagious or infectious disease. 
The Juvenile Court shall tax as part of the costs, a reasonable fee for 
such examination. 


Section 1653. When a minor under the age of 
eighteen years, or any ward of the court under this 
chapter, is found to be dependent or neglected, the 
judge may make an order committing such child to 
the care of The Children’s Home if there be one in 
the county where such court is held, if not, to such a home in another 
county, if willing to receive such child, for which the County Commis¬ 
sioners of the county in which it has a settlement, shall pay reasonable 
board; or he may commit such child to the Board of State Charities or 
to some suitable state or county institution, or to the care of some 
reputable citizen of good character, or to the care of some training school 
or an industrial school, as provided by law, or to the care of some 
association willing to receive it, which embraces within its objects the 
purpose of caring for or obtaining homes for dependent, neglected or 
delinquent children or any of them, and which has been * * * * 

approved by the Board of State Charities as provided by law. When 
the health or condition of the child shall require it, the judge may cause 
the child to be placed in a public hospital or institution for treatment 
or special care, or in a private hospital or institution which will receive 
it for like purposes without charge. The court may make an examination 
regarding the income of the parents or guardian of a minor committed 
as provided by this section and may then order that such parent or 
guardian pay the institution or board to which the minor has been 
committed reasonable board for such minor, which order, if disobeyed, 
may be enforced by attachment as for contempt. (99 V. 195 No. 13.) 


Judge May Com¬ 
mit Child to Care 
of Suitable 
Person. 


A T . . Section 1653-1. The provisions of Section 1653 

Age -Limit. shall not a ppiy to the Girls’ Industrial School or the 

Boys’ Industrial School so far as the same allows the commitment of a 
child under ten years or over eighteen years of age to such institution. 
In no case shall a child found to be a dependent or neglected child be com¬ 
mitted to such institution, nor shall any child under ten years or over 
eighteen years of age, be committed to such schools, * * * * * 

except as provided in Section 2111 of the General Code. (Passed May 
10th, 1910.) 

Section 1654. Whoever abuses a child or aids, 
abets, induces, causes, encourages or contributes 
toward the dependency, neglect or delinquency, as 
herein defined, of a minor under the age of eighteen 
years, or acts in a ivay tending to cause delinquency in such minor, shall 
be fined not less than ten dollars, nor more than one thousand dollars or 
imprisoned not less than ten days nor more than one year, or both. 
Each day of such contribution to such dependency, neglect or delinquency, 

20 


Aiding or Abetting 
Delinquency; 
Penalty. 


shall be deemed a separate offense. If in his judgment it is for the best 
interest of a delinquent minor, under the age of eighteen years, the 
judge may impose a fine upon such delinquent not exceeding ten dollars, 
and he may order such person to stand committed until fine and costs 
are paid. (99 V. 195 No. 14.) 


Affidavit for Section 1654-1. Recommended repealed by 

Reversal. Commission. 


Section 1655. Whoever is charged by law with 
Failure or Neglect ^he care> SU pp 0 rt, maintenance or education of a 
to Support ; minor under the age of eighteen years, and is able to 

Penalty. support or contribute toward the support or educa¬ 

tion of such minor, fails, neglects, or refuses so to do, or who abandons 
such minor, or who unlawfully beats, injures, or otherwise ill treats 
such minor, or causes or allows him or her to engage in common begging, 
upon complaint filed in the Juvenile Court, as provided in this chapter, 
shall be fined not less than ten dollars, nor more than five hundred 
dollars, or imprisoned not less than ten days nor more than one year, 
or both. Such neglect, non-support, or abandonment shall be deemed 
to have been committed in the county in which such minor may be at the 
time of such neglect, non-support of abandonment. Each day of such 
failure, neglect or refusal shall constitute a separate offense, and the 
judge may order that such person stand committed until such fines and 
costs are paid. (99 V. 196 No. 15.) 


Section 1656. When a person is convicted and 
Workhouse Sen- sentenced under this chapter for the abandonment 
tence; Provisions of, 0 r for the neglect of, or failure to maintain or 
m Case of * support a minor, to imprisonment in a workhouse, 

the county from which such prisoner is so sentenced, shall pay from 
the general revenue fund fifty cents, for each day such prisoner is so 
confined, to the chief probation officer of such county, to be by him 
expended, under the direction of the judge, for the maintenance of the 
dependent minors of such prisoner, of which expenditure such officer 
shall make monthly reports to the judge. The county commissioners of 
such county shall make the allowances herein provided for, which shall 
be paid by the county treasurer from the county treasury upon the 
warrant of the county auditor in favor of such probation officer. (99 V. 
196 No. 16.) 


Section 1857. Pending final disposition of a 
Commitment to case, the judge may commit any person arrested or 
County Jail. cited to appear, except a minor under fourteen years 

of age, to the county jail until the case is disposed of, but such trial 
shall be commenced within four days of such commitment, unless upon 
the request of the defendant. Pending final disposition, the judge may 
direct that the minor in question be left in the possession of the person 
having charge of him, or that he be kept in some suitable place provided 
by the county or city authorities. (99 V. 196 No. 17.) 


Section 1658. If it appears upon the hearing 
Citation After that any person not cited to appear, has probably 
Hearing. abused or has aided, induced, caused, encouraged, or 

contributed to the dependency, neglect or delinquency of a minor under 
the age of eighteen years, or acted in a way tending to cause delin¬ 
quency in such a minor, or that a person, charged by law, with the care, 


21 


support, education and maintenance of any minor, has abandoned, failed, 
refused, or neglected, being able so to do, to support or sufficiently con¬ 
tribute toward the support, education and maintenance of such minor, 
the judge may order such person to be cited to appear at a subsequent 
day, or may issue a warrant to arrest such person as hereinbefore pro¬ 
vided, and upon citation, warrant and hearing the same proceedings may 
be had as in the first instance. (99 V. 196 No. 18.) 


Section 1659. When a minor under the age of 
Transfer of Case eighteen years is arrested, such child, instead of 
to Juvenile Judge, being taken before a justice of the peace or police 
judge, shall be taken directly before such juvenile judge; or, if the 
child is taken before a justice of the peace or judge of the police court, it 
shall be the duty of such justice of the peace or such judge of the police 
court, to transfer the case to the judge exercising the jurisdiction 
herein provided. The officers having such child in charge shall take it 
before the judge, who shall proceed to hear and dispose of the case in 
the same manner as if the child had been brought before the judge in 
the first instance. (99 V. 197 No. 19.) 


w . Section 1660. The summons, warrants, cita- 

Wh t r\ tions, subpoenas and other writs of such judge may 

nom issued. issue to a probation officer of any such court or to the 

sheriff of any county, and the provision of law relating to the subpoena¬ 
ing of witnesses in criminal cases shall apply in so far as they are 
applicable. (99 V. 197 No. 20.) 


p . „ . Section 1660-1. So far as is possible the court 

Private Hearing. shall hear all cases in chambers; and all persons 
wh( e presence, in the opinion of the court, is not necessary or desirable, 
shi i e excluded from the room. (Commission). 


Expenses; 
How Paid. 


Section 1661. When a summons or warrant is 
issued to any such officer, the expense in pursuing 
and bringing the person named therein, before such 
judge, shall be paid by the county in the manner prescribed by law for 
the payment of deputies, assistants and other employes of county offi¬ 
cers. (99 V. 197 No. 21.) 


p , . nffi . Section 1662. The judge designated to exercise 

.Probation utticers; jurisdiction may appoint one or more discreet per- 
Appointment and sons 0 f g 00( j moral character, one or more of whom 
Compensation. ma y k e women> to serve as probation officers, during 
the pleasure of the judge. One of such officers shall be known as a 
chief probation officer and there may be first, second and third assist¬ 
ants. Such chief probation officer and the first, second and third assist¬ 
ants, shall receive such compensation as the judge appointing them may 
designate at the time of the appointment, but the compensation of the 
chief probation officer shall not exceed twenty-five hundred dollars per 
annum, that of the first assistant shall not exceed twelve hundred 
dollars per annum, and of the second and third shall not exceed one 
thousand dollars per annum, each payable monthly. The judge may 
appoint other probation officers, with or without compensation, but the 
entire compensation of all probation officers in any county shall not 
exceed the sum of forty dollars for each full thousand inhabitants of the 
county at the last federal census. ***** The com p ensa ti on 


22 


of the probation officers shall be paid by the county treasurer from the 
county treasury upon the warrant of the county auditor, which shall 
be issued upon itemized vouchers sworn to by the probation officers and 
certified to by the judge of the Juvenile Court. (99 V. 197 No. 22.) 


~ _ Section 1663. When a complaint is made or 

fp eS hf Powers filed against a minor, the probation officer shall in- 
Offi r ° batl0n quire into and make examination and investigation 

Umcers. into ^ f ac ^ s an( j circumstances surrounding the 

alleged delinquency, neglect or dependency, the parentage and surround¬ 
ings of such minor, his exact age, habits, school record, and every fact 
that will tend to throw light upon his life and character. He shall be 
present in court to represent the interest of the child when the case is 
heard, furnish to the judge such information and assistance as he may 
require, and take charge of any child before and after the trial as the 
judge may direct. He shall serve the warrants and other process of 
the court within or without the county, and in that respect is hereby 
clothed with the powers and authority of the sheriffs. He may make 
arrest without warrant upon reasonable information, or upon view of 
the violation of any of the provisions of this chapter, detain the person 
so arrested pending the issuance of a warrant, and perform such other 
duties, incident to their offices, as the judge directs. All sheriffs, deputy 
sheriffs, constables, marshals and police officers shall render assistance 
to probation officers, in the performance of their duties when requested 
so to do. (90 V. 192 No. 23.) 


. Section 1664. On the request of the judge 

Prosecuting exercising such jurisdiction, the prosecuting attorney 

Attorney, Duty to. 0 f the coun ty shall prosecute all persons charged 
with the violation of any of the provisions of this chapter. • V. 
198 No. 24.) 1 

Section 1665. The provisions of law relating to 
Bai1, bail in criminal cases in the common pleas court shall 

apply to persons committed or held under the provisions of this chapter 
so far as they are applicable. (99 V. 198 No. 25.) 


Section 1666. In every case of conviction and 
Suspension of where imprisonment is imposed as part of the pun- 

Sentence. ishment, such judge may suspend sentence upon such 

condition as he imposes. (99 V. 198 No. 26.) 


Section 1667. When, as a condition of suspen- 
Forfeit of Bond. s i on 0 f sen tence, bond is required and given, upon 
the failure of a person giving such bond to comply with the terms and 
conditions thereof, such bond may be forfeited, the suspension termi¬ 
nated by the judge, the original sentence executed as though it had 
not been suspended, and the term of any jail or workhouse sentence im¬ 
posed in such cases shall commence from the date of imprisonment of 
such person after such forfeiture and termination of suspension. Any 
part of such sentence which may theretofore been served, shall be 
deducted from any such period of imprisonment. (90 V. 198 No. 27.) 


Section 1668. The provisions of law relating 
Error to error proceedings from the Court of Common 

Proceedings. Pleas, including the allowance and signing of bills 

of exceptions, shall apply to prosecutions of persons over eighteen years 
of age under the provisions of this chapter, and from a judgment of the 


23 


Court of Common Pleas in such prosecution, error may be prosecuted to 
the Circuit Court of the county under laws governing prosecution of 
proceedings in error in other criminal cases to such Circuit Court; and 
from a judgment of a Probate Court in such prosecution, error may be 
prosecuted to the Common Pleas Court of the county under the laws 
governing prosecution of proceedings in error from the Probate Court 
to the Court of Common Pleas. A petition in error shall not be filed 
either in the Circuit Court or Court of Common Pleas except upon good 
cause shown, upon motion and notice to the prosecuting attorney, as in 
civil cases, or unless such motion is allowed by such courts. (99 V. 
198 No. 28.) 


Section 1669. The disposition of, or any order, 
Finding Not judgment, or finding against a child under this chap- 

Lawful Evidence. ter, or any ev jd ence given in any proceeding there¬ 
under, shall not in any civil, criminal or other cause or proceeding 
whatever in any court, be lawful or proper evidence against such child 
for any purpose whatever, except in subsequent cases herein against 
the same child. (99 V. 199 No. 29.) 


n . Section 1670. Upon the advice and recom- 

Detention Home. me ndation of the judge exercising the jurisdiction 
provided herein, the county commissioners shall provide by purchase or 
lease, a place to be known as a “Detention Home” within a convenient 
distance of the court house, not used for the confinement of adult 
persons charged with criminal offenses, where delinquent, dependent or 
neglected minors under the age of eighteen years may be detained until 
final disposition, which place shall be maintained by the county as in 
other like cases. In counties having a population in excess of forty 
thousand, the judge may appoint a superintendent and matron who 
shall have charge of said home, and of the delinquent, dependent and 
neglected minors detained therein. Such superintendent and matron 
shall be suitable and discreet persons, qualified as teachers of children. 
Such home shall be furnished in a comfortable manner as nearly as 
may be as a family home. So far as possible delinquent children shall 
be kept separate from dependent children in such home. The compensa¬ 
tion of the superintendent and matron shall be fixed by the county com¬ 
missioners. Such compensation and the expense of maintaining the 
home shall be paid from the county treasury upon the warrant of the 
county auditor, which shall be issued upon the itemized voucher, sworn 
to by the superintendent and certified by the judge. In all such homes 
the sexes shall be kept separate. (99 V. 199 No. 30.) 


f Section 1671. When such detention home is 

Expenses ot provided by the county commissioners, and upon such 

.Detention Home. home being recommended by the judge, the commis¬ 
sioners shall enter an order on their journal transferring to the proper 
fund from any other fund or funds of the county, in their discretion, 
such sums as may be necessary to purchase or lease such home and prop¬ 
erly furnish and conduct it and pay the compensation of the superintend¬ 
ent and matron. The commissioners shall likewise upon the appointment 
of probation officers, transfer to the proper fund from any other fund or 
funds of the county, in their discretion, such sums as may be necessary 
to pay them, and such transfers shall be made upon the authority of 
this chapter. At the next tax levying period, provisions shall be made 
for the expenses of the court. (99 V. 199 No. 30.) 


24 


Child Becomes a 
Ward, When. 


Section 1672. If the court awards a child 
to the care of an association, corporation or 
individual, in accordance with these provisions, un¬ 
less otherwise ordered, the child shall become a ward, and be subject 
to the guardianship of such association or individual. Such association 
or individual may place such child in a family home ***** 
and shall be made party to any proceeding for the legal adoption of the 
child, and may appear in any court where such proceedings are pending, 
and assent to such adoption. Such assent shall be sufficient to author¬ 
ize the judge to enter the proper order or decree of adoption, and upon 
such order being made , all jurisdiction of the Juvenile Court over such 
child under Section 1643 shall cease and determine. Such guardianship 
shall not include the guardianship of any estate of the child. (99 V. 
199 No. 31.) 


May Agree for 
Care of Child. 


Section 1673. The parents, parent, guardian or 
other person or persons having the right to dispose 
of a dependent or neglected child may enter into an 
agreement with any association or institution, incorporated under any 
law of this state, which has been approved by the Board of State 
Charities as provided by law ***** ^ f or the purpose of 

aiding, caring for or placing in homes such children, or for the surrender 
of such child to such association or institution, to be taken and cared for 
by such association or institution, or put into a family home. Such 
agreement may contain any and all proper stipulations to that end, and 
may authorize the association or institution, to appear in any proceed¬ 
ing, for the legal adoption of such child, and consent to its adoption. 
The order of the judge made upon such consent shall be binding upon the 
child and its parents, guardian or other person, as if such person were 
personally in court and consented thereto, whether made party to the 
proceeding or not. (99 V. 200 No. 32.) 


Section 1674. The Chief Officer of the Boys’ 
Agent of Industrial School, and of the Girls’ Industrial Home, 

Institutions. a nd mana g e rs of any other institution to which 

juvenile delinquents may be committed, may, each, maintain an agent 
of such institution, who shall examine the homes of children paroled 
for the purpose of reporting to such Chief Officers or managers, whether 
they are suitable homes, and assist children paroled or discharged from 
such institution in finding suitable employment, and maintain a friendly 
supervision over paroled inmates. Such agent shall hold officer subject 
to the pleasure of the board making the appointment and shall receive 
such compensation as the board may determine from funds appropriated 
for such institution applicable thereto. (99 V. 200 No. 33.) 


Section 1675. (Carried in part to Board of 
Judge May Require state Charities (See. 1 352-1). ***** At 

Information. any ^j me the judge may require from an association 

receiving or desiring so to receive children, such reports, information 
and statements as he deems proper and necessary. He may at any time 
require from an association or institution, reports, information or state¬ 
ments concerning any child or children committed to it by him, under 
the provisions of this chapter. 


Approval of Board Section 1676. Carried to Board of State Chari- 
of State Charities, ties (Sec. 1352-2). 


25 


Section 1677. No association of another state , 
Association of incorporated or otherwise , shall place a child in a 

Other States. family home within the boundaries of this state, 

either with or without indenture or for adoption, unless such associa¬ 
tion shall have furnished the Board of State Charities with such guar¬ 
anty as it may require that no child having a contagious disease, deform¬ 
ity, feeble mind or vicious character, shall be brought into this state by 
such association or its agents, and that such association will promptly 
relieve and remove from the state, a child brought into the state by its 
agents, which shall become a public charge, within the period of five 
years thereafter. (99 V. 201 No. 36.) 


Section 1678. Whoever * * * * * vio- 

Penalty. lates any of the provisions of Section 1677 shall be 

imprisoned in the county jail not more than thirty days, or fined not 
less than five dollars or more than one hundred dollars, or both, in the 
discretion of the judge. (99 V. 201 No. 36.) 

.. Section 1679. The judge in committing chil- 

Keligious Belief. dren g j ia ]j p ] ace them, so far as practicable, in the 
care and custody of an individual holding the same religious belief as 
such child or its parents, or with some association which is controlled 
by persons of like religious faith as such child or its parents. (99 V. 


Section 1680. Nothing herein shall be con¬ 
strued to repeal any provision of law relating to the 
boys' industrial school or the girls' industrial school . 
38.) 

Section 1681. When any information or com¬ 
plaint shall be filed against a delinquent child under 
these provisions, charging him with a felony, the 
judge may order such child to enter into a recog¬ 
nizance with good and sufficient surety, in such amount as he deems 
reasonable, for his appearance before the Court of Common Pleas at 
the next term thereof. The same proceedings shall be had thereafter 
upon such complaint as now authorized by law for the indictment, trial, 
judgment and sentence of any other person charged with a felony. 
(99 V. 202 No. 39.) 


202 No. 37.) 

How Chapter 
Construed. 

(99 V. 202 No. 

When a Child 
Charged with 
Felony. 


Fees and Costs; 
How Paid. 


Section 1682. Fees and costs in all such cases 
with such sums as are necessary for the incidental 
expenses of the court and its officers and the costs of 
transportation of children to places to which they have been committed, 
shall be paid from the county treasury upon itemized vouchers, certi¬ 
fied to by the judge of the court. (99 V. 202 No. 40.) 


Section 1683. This chapter shall be liberally 
How Chapter construed to the end that proper guardianship may 

to Be Construed. b e p rov ided for the child, in order that it may be 
educated and cared for, as far as practicable in such manner, as best 
subserves its moral and physical welfare, and that, as far as practicable 
in proper cases, the parent, parents or guardian of such child may be 
compelled to perform their moral and legal duty in the interest of the 
child. (99 V. 202 No. 40.) 


26 


, . ,. . Section 1683-1. The judge designates to trans- 

^ r i S( v ctlon act the business arising under the jurisdiction con- 

ot judge. ferred in this chapter shall have jurisdiction of all 

misdemeanors against minors, and offenses prescribed in sections nine 
hundred and twenty-eight, six thousand three hundred forty-four, six 
thousand three hundred and forty-five, six thousand three hundred and 
seventy-three, twelve thousand six hundred and sixty-four, twelve thou¬ 
sand six hundred and sixty-six, twelve thousand seven hundred and 
eighty-seven, thirteen thousand and thirty-one, thirteen thousand and 
thirty-five and thirteen thousand and thirty-eight. In all such cases 
any person may file with the clerk of the judge exercising the jurisdic¬ 
tion, an affidavit, setting forth briefly, in plain and ordinary language, 
the charges against the accused, and he shall be tried thereon, and in 
such prosecutions an indictment by the grand jury or information by 
the prosecuting attorney shall not be required. The judge shall forth¬ 
with issue his warrant for the arrest of the accused, who, when arrested, 
shall be taken before said judge, and tried according to the provisions 
of this chapter, and, if found guilty, shall be punished in the manner 
provided for by law. (Passed May 31st, 1911.) 


Section 1683-2. For the partial support of 
Support of Women women whose husbands are dead, or become perma- 
and Children in nently disabled for work by reasons of physical or 

Certain Cases. mental infirmity, or whose husbands are prisoners, 

when such women are poor, and are the mothers of children under the 
age of fourteen years, and such mothers and children have a legal resi¬ 
dence in any county of the state, the Juvenile Court shall make an allow¬ 
ance to each of such women, as follows: Not to exceed fifteen dollars a 
month, when she has but one child under the age of fourteen years, and 
if she has more than one child under the age of fourteen years, it shall 
not exceed fifteen dollars a month for the first child and seven dollars 
a month for each of the other children under the age of fourteen years . 
The order making such allowance shall not be effective for a longer 
period than six months, but upon the expiration of such period, said 
court may from time to time, extend such allowance for a period of six 
months, or less, provided the home of such woman has first been visited 
by a probation officer or other competent person. (Commission.) 


Section 1683-3. Such allowance shall be made 
Amount of fry ^ e Juvenile Court, only upon the following condi- 

Allowance. tions: First—the child or children for whose bene¬ 

fit the allowance is made, must be living with the mother of such child 
or children; Second—the allowance shall be made only when in the 
absence of such allowance, the mother would be required to work regu¬ 
larly away from her home and children, and when by means of such 
allowance she will be able to remain at home with her children, except 
that she may be absent not more than one day a week for work; Thirds— 
the mother, must in the judgment of the Juvenile Court, be a proper 
person, morally, physically and mentally, for the bringing up of her 
children; Fourth—such allowance shall in the judgment of the court 
be necessary to save the child or children from neglect and to avoid the 
breaking up of the home of such woman; Fifth—it must appear to be 
for the benefit of the child to remain with such mother; Sixth—a care¬ 
ful preliminary examination of the home of such mother must first have 
been made by the probation officer, an associated charities organiza- 

27 


tion, humane society, or such other competent person or agency as the 
court may direct, and a written report of such examination filed. (Com¬ 
mission. 


. Section 1683-4. Whenever any child shall 

Age Limit. reach the age of fourteen years, any allowance made 

to the mother of such child for the benefit of such child shall cease. The 
Juvenile Court may, in its discretion, at any time before such child 
reaches the age of fourteen years, discontinue or modify the allowance 
to any mother and for any child. (Commission.) 


Section 1683-5. Should the fund at the disposal 
Urgent Cases. 0 j cour i f or thi s purpose be sufficient to permit 
an allowance to only a part of the persons coming within the provisions 
of this act, the Juvenile Court shall select those cases in most urgent 
need of such allowance. (Commission.) 


When No Allow¬ 
ance Allowed. 

port the child or 


Section 1683-6. The provisions of this act shall 
not apply to any woman who,, while her husband is 
imprisoned, receives sufficient of his wages to sup- 
children. (Commission.) 


Section 1683-7. Any person or persons at- 
Penalty. tempting to obtain any allowance for a person not 

entitled thereto, shall be deemed guilty of a misdemeanor and on convic¬ 
tion thereof, shall be punished by a fine of not less than five nor more 
than fifty dollars, or imprisonment in the county jail, for a period of 
not less than two months, or both. (Commission.) 


Section 1683-8. In each case where an allow- 
Records. ance is made to any woman under the provisions of 

this act, a record shall be kept of the proceedings, and any citizen of 
the county may, at any time, file a motion to set acide, or vacate or modify 
such judgment and on such motion said Juvenile Court shall hear evi¬ 
dence, and may make a new order sustaining the former allowance, 
modify or vacate the same, and from such order, error may be prose¬ 
cuted, or an appeal may be taken as in civil actions. If the judgment be 
not appealed from, or error prosecuted, or if appealed or error prose¬ 
cuted, and the judgment of the Juvenile Court be sustained or affirmed, 
the person filing such motion shall pay all the costs incident to the hear¬ 
ing of such motion. (Commission.) 


Duty of 

Commissioners to 
Provide Funds. 


Section 1683-9. It is hereby made the duty of 
the county commissioners to provide out of the 
money in the county treasury, such sum each year 
thereafter as will meet the requirements of the 
court in these proceedings. To provide the same they shall levy a tax 
not to exceed one-tenth of a mill on the dollar valuation of the taxable 
property of the county. The county treasurer shall pay such allowance 
upon order signed by the juvenile judge. (Commission.) 


Girls’ Age Limit. 

Section 2107. 

(Repealed 

by 

Commission.) 

Hearing. 

Section 2108. 

(Repealed 

by 

Commission.) 

Fees. 

Section 2109. 

(Repealed 

by 

Commission.) 

Girl May Demand 
Jury Trial. 

Section 2110. 

28 

(Repealed 

by 

Commission.) 


Proceedings When 
Girl Under Fifteen. 

Infirmary Directors 
May Contract for 
Care of Dependent 
Children. 


Section 2115. (Repealed by Commission.) 
Section 2547. (Repealed by Commission.) 


N . p Section 2975. The Juvenile Judge * * * 

otice to bounty j n eac j 1 county^ whenever proceedings are instituted 
visitors. before him to commit a child * * * * * to 

the boys’ industrial school, or girls’ industrial school, may notify 
* * * * * the Board of county visitors of the county of the 

pendancy of such proceedings and thereupon it shall be the duty of such 
Board to attend and protect the interest of such child. 


When Inmates of 
Children’s Home 
Committed to 
Reformatory. 


Section 7775. (Repealed by Commission.) 


CHAPTER 3. 

INSTITUTION FOR FEEBLE MINDED YOUTH. 


Section 1898. Cost of maintenance of children over fifteen years 
of age. 

To be repealed. 

Section 1899. Cost of inmate under contract not to be charged to 
county. 

To be repealed. 

Section 1903. Probate judge to state financial ability of person or 
parent to defray expense of support. 

To be repealed. 


Section 1815-8. In order to facilitate the inves- 
Assistant Agents, tigation of the financial condition of the inmates in 
such institutions, and of persons liable for their 
support, the board of state charities may * * * * employ assist¬ 

ant agents not to exceed five in number, who shall receive an annual 
salary of not more than fifteen hundred dollars, and necessary expenses. 
* * * * * 


. Section 1815-11. The county from which an in- 

Cost of Mainte- ma te of the institution for feeble minded was com- 
nance of Inmates. m itted shall be liable for such inmate's support pro¬ 
vided the same is not paid otherwise as provided by this act. The treas¬ 
urer of each county shall pay the semi-annual draft of the cashier of 
the board of state charities for the aggregate amount chargeable against 
such county for the preceding six months for all inmates therefrom not 
otherwise supported. 


29 


BOYS’ INDUSTRIAL SCHOOL. 


Section. 

2083 Boys’ industrial school. 

2084 Admission of youth to school. 

2085 Admission of convicts to school. 

2086 Committed on recommendation of Grand Jury. 

2087 Conveyance to school of sentenced youth. 

2088 Superintendent may apprentice inmates. 

2089 Record officer and his duties. 

2089-1 Appointment of chaplain, salary and duties. 

2090 Statistics. 

2091 Superintendent may parole inmates. 

2092 Paroled inmates may be retaken. 

2093 Compensation of person other than sheriff. 

2094 Education of inmates. 

2095 Powers of board as to juvenile offenders. 

2096 Transfer of inmates to reformatory. 

2097 Officers shall work with the inmates. 

2098 Repealed by Commission . 

2099 Superintendent may sell power. 

2100 School made special road district. 


Section 2083. The reform school, situated in the 
Boys Industrial county of Fairfield, shall be known and designated as 

School. the k 0 y S ’ industrial school. Its object shall be the 

reformation of those committed to its charge. All youths committed there¬ 
to shall be committed until they arrive at full age, unless sooner reformed. 
(R. S. Sec. 752; 764a.) 

Admission of Section 2084. Male youth, not over eighteen nor 

Youths to under ten years of age, may be committed to the boys’ 

School. industrial school by any judge of the common pleas, 

Judge of the Juvenile Court, Municipal or Police Court, on conviction of 
an offense against the laws of the state. (R. S. Sec. 753.) 


. . Section 2085. Such youth convicted of a crime or 

Admission of offense, the punishment of which, in whole or part, is 

Convicts to confinement in jail, or the penitentiary, at the discre¬ 
te* 1001 tion of the court giving sentence, instead of being sent 

to the jail or penitentiary, may be committed to the boys’ industrial school. 
(R. S. Sec. 754.) 


Section 2086. Such youth against whom a crime 
is charged before a grand jury, if the charge is sup¬ 
ported by sufficient evidence to put him on trial, may 
be committed by the court to the boys’ industrial school 
on the recommendation of the grand jury, without presenting an indict¬ 
ment. (R. S. Sec. 755.) 


Committed on 
Recommendation 
of Grand Jury. 


Section 2087. Any youth upon being sentenced to 
the boys’ industrial school, within five days after such 
sentence, unless the court giving such sentence shall 
otherwise order, shall be conveyed to the school by 
the sheriff of the county in which the conviction was had, or by a suitable 
person designated by the court giving sentence, and delivered into the 


Conveyance to 
School of Sen¬ 
tenced Youth. 


30 


custody of the superintendent of the school, with a statement of the offense 
for which he was convicted, his age, and a copy of the sentence. (R. S. 
Sec. 756.) 


Section 2088. The ***** superin¬ 
tendent shall have the same power to apprentice in¬ 
mates as the directors of houses of refuge. In case of 
apprenticeship, the indentures shall be filed at the insti¬ 
tution, and no other record thereof is necessary. When he deems it for 
the benefit of a youth so apprenticed, the Superintendent may cancel the 
indentures and reclaim him. (R. S. 757.) 


Superintendent 
May Apprentice 
Inmates. 


Record Officer 
and his Duties. 


Section 2089. The Superintendent may employ a 
record officer who shall keep a record containing the 
names and residences of all boys who have been in¬ 
mates of the school, have been placed in private homes * * * * or 

discharged from the school as reformed. Such officer by correspondence 
and travel shall observe and ascertain the conduct of, and if possible, keep 
in communication with, such boys after leaving the school, assist them to 
obtain and keep employment, and aid them by counsel and encouragement 
in leading sober and industrious lives. (R. S. Sec. 757a.) 


Appointment of Section 2089-1. The State Board of Administra- 

Chaplain. Salary tion, shall appoint a Chaplain, who shall perform the 
and Duties. ordinary duties of such office, and such other duties as 

may be prescribed by the Board. He shall receive a salary to be fixed by 
the Board, and the Superintendent shall assign him suitable offices, and 
living compartments sufficient for himself and family, with all the neces¬ 
sary furniture, fuel and provisions for himself and family. He shall 
devote his entire time to the duties of his office. (Commission.) 


. . Section 2090. By observation and inquiry the 

Statistics. record officer shall also collect social statistics bearing 

on the home environment of the inmates, seek homes and employment for 
such inmates as are entitled to release but are detained because of being 
orphans or homeless. Such officer shall keep and submit from time to time 
to the Board a record of his proceedings. The term of his employment 
shall be subject to the discretion of the Superintendent. (R. S. Sec. 757a.) 


Section 2091. The Board shall establish rules and 
Superintendent regulations under which inmates may be allowed to go 
May Parole upon parole, in legal custody and under the control of 

Inmates. ^ Superintendent, and subject at any time, for viola¬ 

tion of any of the conditions of his parole to be taken to the school. No 
inmate shall be paroled except upon the written recommendation of the 
Superintendent, and not then unless the Board finds that there is reason¬ 
able ground to believe that he will obey the law and the conditions of his 
parole, while at liberty, and that his parole is not incompatible with the 
welfare of society. (R. S. Sec. 757b.) 


Section 2092. The Superintendent shall enforce 
Paroled Inmates ru j es anc | regulations, and retake any inmate so 

May be Retaken upon parole. The written order certified by the Super¬ 
intendent shall be sufficient warrant for any officer named therein to arrest 
and return such inmate to the school. An officer named in the order shall 
be under duty to arrest and return to the school any paroled inmate named 
therein. (R. S. Sec. 757 b.) 


31 


. Section 2093. The person other than the sheriff, 

Compensation of deputy sheriff or other officer receiving a fixed salary 
Person other than f rom the county, shall receive as compensation for de- 
Sheriff. livering a youth to the school, two dollars, two cents 

per mile each way from his home to the school by the usual route of travel, 
and in addition thereto his actual and necessary expenses incurred, to be 
paid out of the county treasury upon the certificate of the proper officer 
of the court which committed him and the warrant of the county auditor, 
unless convicted of a crime the punishment of which is confinement in 
the penitentiary, in which case the costs in the case and the expense of his 
transportation upon a like certificate shall be paid out of the state treasury. 

. Section 2094. The inmates of the school shall re- 

Education of ceive such education, and be instructed in such branches 

Inmates. 0 f industry, agricultural or mechanical, or otherwise 

as the Board determines, their reformation and preparation for usefulness 
being kept in view in the administration of the institution. For this pur¬ 
pose the Board may introduce and carry on any branches of industry that 
are thought to be conducive to these ends. (R. S. Sec. 760.) 

Section 2095. ***** The Board may 

Powers of Board cause any juvenile offender, confined in the penitenti¬ 
al* 0 J uvenil e ary, or a house of refuge, or sentenced to the penitenti- 

Offenders. ary, £ 0 he transferred to the boys' industrial school, 

the expense of which shall be paid by the state. While at such school, 
a person so removed or sentenced to the penitentiary, shall be governed 
by the same rules and regulations relative to deportment and discharge as 
other persons committed to such institutions. The Board may also remand 
or transfer to the penitentiary offenders sentenced thereto, and so trans¬ 
ferred, to serve out that part of their respective sentences remaining 
unexecuted at the time of such transfer. (R. S. Sec. 761.) 

. Section 2096. Upon the written application of 

Transfers of the superintendent of the school ***** 

Inmates to the £ oar d may transfer to the Ohio state reforma- 

Reformatory. tory any j nma t e 0 f the school, who at the time 

of transfer is more than sixteen years of age, and who was committed 
to the school for the commission of a crime punishable by imprisonment 
in the reformatory. A person so transferred shall be received by the 
Superintendent of the reformatory, and be governed by its rules and regu¬ 
lations as if he had been committed thereto upon his conviction. (R. S. 
Sec. 761a.) 

Officers Shall Section 2097. The subordinate officers and em- 

Work With ployes of the school shall participate in the manual labor 

Inmates. and other exercises of the inmates. (R. S. Sec. 762.) 

Section 2098 repealed. 

Section 2099. The Superintendent of the school 
Superintendent by con tract may sell power from the power plant in 

May Sell Rower. the institution, and the proceeds therefrom may be 
used for the purposes of the institution. (95 v. 7 No. 1, 2.) 


Section 2100. The boys’ industrial school, with 
the lands thereto attached, shall be a special road 
district, and the superintendent is vested with all the 
powers of a road superintendent therein. He may alter 
the public roads on such lands in any manner found to be necessary for 
the general plan and outline thereof. No alteration shall be made by which 


School Made 
Special Road 
District. 


32 


existing roads will be greatly lengthened, their grade materially increased, 
or their general use to the public materially impaired. Before being 
made, such alterations must be approved by the commissioners of the 
county of Fairfield. (R. S. Sec. 764.) 


GIRLS’ INDUSTRIAL SCHOOL. 

Sections. 

2101 Object of the home. 

2102 Management of the farm. 

2103 General charge of girls. 

2103-1 Omitted. 

2104 Bond of Chief Matron. 

2105 Duties of Chief Matron. 

2106 Technical industrial school. 

2107 Carried to Juvenile Code. 

2108 Carried to Juvenile Code. 

2109 Carried to Juvenile Code. 

2110 Carried to Juvenile Code. 

2111 Transfer to and from other penal institutions. 

2112 Detention and discharge. 

2112-1 Parole. 

2112-2 Return of inmates. 

2112-3 Parole officers. 

2112-4 One third of consideration to be paid Chief Matron on indentured 
inmates. 

2113 Chief Matron may receive back discharged inmates. 

2114 Return after escape. 

2115 Proceedings when girl under eighteen. 

2116 Girls may be apprenticed. 

2117 Transfer of indenture. 

2118 Ill treatment of indentured. 

2119 Chief Matron shall be Guardian. 

2119-1 Appointment of physician. 

2119-2 Enticing girl from parole. 

Section 2101. The girls’ industrial school shall be 
for the instruction, employment and reformation of 
evil-disposed, ir corrigible, and vicious girls. (R. S. 

Sec. 2101-1. ***** The Ohio board of 

administration shall appoint a chief matron who shall 
have executive charge of said institution with all the powers and duties 
now or hereafter given by law to or imposed on superintendents of public 
institutions, in so far as the same are applicable. Such chief matron shall 
receive an annual salary of not less than twelve hundred nor more than 
two thousand dollars, as may be determined by the board. (G. C. 2101-1.) 

Section 2102. The Chief Matron shall direct the 
Management of general management of the farm, relating to its me- 
^ arm * chanical, architectural and horticultural productions, 

and for this purpose may employ suitable persons to superintend the dif¬ 
ferent producing interests prosecuted thereon. The Chief Matron shall 


Object of the 
School. 

Sec. 765.) 
Chief Matron. 


33 


cause the accounts of the institution to be so kept that the profits over 
the expenses of maintaining the school can be ascertained. When so ascer¬ 
tained, the Chief Matron shall fund such annual profits for distribution 
among the girls, in shares, to be paid them pro rata, when honorably dis¬ 
charged from the institution. She shall also see that the productions not 
needed for the institution are sold to the best advantage. The value of all 
productions, used or sold, shall be duly accounted for in the annual report. 
(R. S. Sec. 768.) 

Section 2103. With such subordinate officers as 
General Charge the Chief Matron shall appoint, the Chief Matron shall 
of Girls. have the general charge and custody of the girls. She 

shall be a constant resident at the School, and, under the direction of the 
Ohio Board of Administration, shall discipline, govern, instruct, employ, 
and use her best endeavors to reform the girls in such manner as, while 
preserving their health, and promoting the proper development of their 
physical system, will secure, as far as possible, the formation of moral and 
industrial habits, and regular thorough progress and improvement in their 
studies, trades and employments. (R. S. Sec. 779.) 

Section 2103-1. Changed to 2101-1. 


. . Section 2103-2. Subject to the approval of the 

Enticing Girl Board, the Chief Matron of the girls' industrial School 

on Parole. shall appoint a capable and experienced woman physi¬ 

cian who shall reside at the School. She shall give the necessary medical 
attention to the inmates and shall have supervision over instructions in 
physiology, hygiene and physical culture. The Board shall fix the salary 
which shall not be less than twelve hundred nor more than eighteen 
hundred dollars per year. (102 V. 307-1.) 


Bond of Chief 
Matron. 


Section 2104. Repealed. 


. Section 2105. The Chief Matron shall have charge 

Duties of Chief 0 f the p r0 p er ty pertaining to the School, within the 
Matron. precincts thereof, and in suitable books keep complete 

account’s of her receipts and expenditures, and of all property intrusted to 
her, showing the income and expenses of the institution. She also must 
account to the treasurer in such manner as the Board requires, for all 
moneys received by her. Her books, accounts and documents, relating to 
the School, shall at all times be open to the inspection of the Board. She 
shall keep a card system containing the names and age of each girl, and, 
as far as possible, the circumstances connected with her history prior to 
the time of admission to the School, and add thereto such facts as come to 
her knowledge relating to her history while at the institution, and after 
leaving it. (R. S. Sec. 780.) 


Section 2106. In addition to the school for instruc - 
Technical Indus- tion, the Board shall institute and maintain, at 

trial School. such school a technical industrial school in which the 

inmates shall be taught the various lines of manual skill 
of such character as to prepare them to perform the skilled labor required 
to fit them for self support when released therefrom. Such school shall 
be maintained at least ten months each year, and be under the direction 
and management of a competent principal and a trained corps of teachers. 
The principal must be a graduate of Pratt's institute or some technical 


34 


and industrial school, or college, of equal rank and standing, and be versed 
in the principles of manual, industrial and technical training. The Prin¬ 
cipal shall receive a reasonable salary. (98 v. 182, No. 1.) 


Section 2107. 
Section 2108. 
Section 2109. 
Section 2110. 


Repealed by Commission. 
Repealed by Commission. 
Repealed by Commission. 
Repealed by Commission. 


Section 2111. A girl under the age of eighteen 
Transfer to and years sentenced to imprisonment in the penitentiary, 
from other Penal county jail or other penal institution, at any time after 
Institutions. such sentence and before the expiration thereof, may 

be ***** transferred to the Girls' Indus¬ 
trial School, on the written order of the Ohio Board of Administration, 
to serve the unexpired part of the sentence. Such transfer shall be made, 
if it shall be made to appear that it will be conducive to her reformation, and 
not prejudicial to the school. The Chief Matron of the school shall receive 
such girl so transferred, and if she finds at any time that the best interest 
of the school requires a return of such girl to the penal institution from 
which she came, she may so recommend to the Board, which is empowered 
to order the return of such girl. The Ohio Board of Administration, on 
the recommendation of the Chief Matron, may transfer to the Ohio 
Reformatory for Women an apparently incorrigible inmate whose 
presence in the school appears to be detrimental to the welfare of the 
institution. (R. S. Sec. 772.) 


. Section 2112. A girl, duly committed to the School 

Detention and s li a ll be kept there, disciplined, instructed, employed 

Discharge. and governed under the direction of the Board, until 

she is either thought to be reformed or discharged, or bound out by the 
Chief Matron according to the by-laws of the institution, or has attained 
the age of twenty-one years. Provided that the Board may discharge 
a girl as a reward of merit three months before she attains the age 
of twenty-one years. With the approval of the governor, after a full state¬ 
ment of the cause, the Secretary of the Board may discharge and return 
to the parents, guardian, or Juvenile Court of the County from which she 
was committed, who may place her under the care of the infirmary Superin¬ 
tendent of the county, any girl whom he thinks ought to be removed from 
the School. In such case he shall enter upon his record the reason for 
her discharge, a copy of which, signed by the secretary, shall be forthwith 
transmitted to the Juvenile Court of the county from which the girl was 
committed. (R. S. Sec. 773.) 


Section 2112-1. That the Ohio Board of Adminis- 
P arole - tration shall establish rules and regulations under 

which the inmates of the Girls' Industrial School may be conditionally 
released upon parole in legal custody and under the control of the Chief 
Matron and subject at any time to be returned to the institution. No 
inmate shall be paroled except upon the written recommendation of the 
Chief Matron, or a member of the Board, unless the Board is of the opinion 
that there is reasonable ground to believe that she will conduct herself in 
a lawful and proper manner while at liberty, and that her parole will not 
be incompatible with the welfare of society. (Act May 31st, 1911.) 

35 


Section 2112-2. The Chief Matron shall enforce 
Return of such ru i es and regulations and return any inmate so on 

Inmates. parole. Her order shall be sufficient warrant for any 

officer to arrest and return such inmate to the School . ***** 

It shall be the duty of any officer to arrest and return to the Girls' Indus¬ 
trial School any paroled inmate upon such order of the Chief Matron . 
(Act May 31st, 1911.) 

Section 2112-3. To carry out the purposes of this 
Parole Officers. act the Chief Matron, with the consent of the Board, 
shall appoint not less than four discreet women, who 
shall be under the direction and control of the Chief Matron, to act as 
parole officers. Their salaries and expenses shall be paid as provided in 
section 2215 of the General Code. It shall be their duty to seek homes and 
employment for inmates who may be paroled, and to exercise a kindly 
supervision while upon parole. They shall also investigate the qualifica¬ 
tions and ability of parents and other persons who seek to receive paroled 
or discharged inmates into their homes. (Act May 31st, 1911.) 


One-third of Con¬ 
sideration paid to 
Chief Matron in 
Trust for Inmates. 


Section 2112-4. When an inmate of the Girls' In¬ 
dustrial School is paroled or indentured under contract 
of employment, it shall be lawful for the Board to re¬ 
quire that not more than one-third of the consideration 
named in the contract of employment shall be paid 
monthly to the Chief Matron, and by her deposited in a 
savings bank, to be held in trust for such inmate, and with any interest 
thereon to be paid to her upon final discharge, provided that she has con¬ 
ducted herself in an honorable and reasonably satisfactory manner while 
so employed . If it becomes necessary to return her to the institution 
because of any delinquency or misconduct on her part, she shall forfeit all 
claims to said deposits and interest, and they shall forthwith, upon the 
order of the Board, be paid to the treasurer of state and placed to the 
credit of the general revenue fund of the state. (Act May 31st, 1911.) 


To Receive Back 
Girl Who has 
Been Discharged. 


Section 2113. When the best interest demands 
it, with the approval of the full Board, the Chief Ma- 
ron may receive back into the School any girl under 
twenty-one years of age, who has been discharged 
therefrom. (R. S. Sec. 773.) 


Return After 
Escape. 


Section 2114. An inmate of the Girls' Industrial 
School who escapes therefrom, if captured before the 
expiration of the time for which she was committed, 
may be returned to the School by the Chief Matron and at her option, there 
be kept for a period not to exceed one year in addition to the term for 
which she was committed. (R. S. Sec. 773.) 


Section 2115. When a girl between nine and 
Proceedings When eighteen years of age is brought before a court of 
Girls Under criminal jurisdiction, charged with an offense, punish- 

Eighteen. able by a fine or imprisonment other than imprisonment 

for life, and who, if found guilty, would be a proper 
subject for commitment to the School, the court, by warrant or order, shall 
cause her forthwith to be taken before the Juvenile judge of the proper 
county, and shall transmit to him the complaint, indictment, or warrant, 
by virtue of which she was arrested. Such Juvenile judge shall proceed 
in the same manner as if she had been brought before him on the original 
complaint. (R. S. Sec. 774.) 


36 


r . . , Section 2116. The Chief Matron may bind out, as 

uiris may oe an a pp ren ti C e or servant, any girl committed to her 

Apprenticed. charge, for a term not longer than until she arrives at 

the age of eighteen years. The person to whom the girl is bound, by the 
terms of the indenture, shall be required to report to the Chief Matron as 
often as once each month, her conduct and behavior, and whether she is 
living under his care, and, if not, where she is. (R. S. Sec. 775.) 


Transfer of 
Indenture. 


Section 2117. A person receiving an apprentice 
under the provisions of the preceding section shall not 
assign or transfer the indenture of apprenticeship, nor 
let out her service without the consent in writing of the Chief Matron. If 
the person, for any cause, desires to be relieved from the contract, the 
Chief Matron, upon application, may cancel the indenture and resume the 
charge and management of the girl, with the same authority over her as 
before the indenture was made. (R. S. Sec. 776.) 


Section 2118. If such person is guilty of cruelty 
Ill-trcatnicnt or ill-treatment toward the girl so bound to service, or 

of Indentured. 0 f any v i 0 i a tion of the terms of the indenture, she or 

the Chief Matron may make complaint to the Juvenile Judge of the proper 
county, who shall summon the parties before him, and examine into the 
complaint. If it appears to be well founded, by certificate he shall dis¬ 
charge her from all obligations of future service, and restore her to the 
School (R. R. Sec. 777.) 


Section 2119. The Chief Matron shall be the 
Chief Matron shall guardian of each girl so bound or held to service, shall 
be Guardian. take care that the terms of the contract are faithfully 

fulfilled, that she is properly treated, and shall cause 
any grievance to be redressed. (R. S. Sec. 778.) 


Section 2119-1. Whoever by letter or otherwise, 
Appointment of influences or attempts to influence any girl while on 
Physician. parole from the Girls' Industrial School to leave her 

home or place of employment or to violate any of the conditions of her 
parole, shall upon conviction be fined not less than $10.00 and not more 
than $500.00, or imprisoned for not more than one year, or both . (Com¬ 
mission.) 


OHIO STATE REFORMATORY. 


Section 

2129 Appointment; duties and salary of Chaplain. 

2130 Labor on buildings by inmates. 

2131 Who may be sentenced to reformatory. 

2132 Sentence must be general. 

2133 Erroneous sentence. 

2134 Sheriffs duties after conviction and sentence. 

2135 Control and record of prisoners. 

2136 Discipline and labor of prisoners. 

2137 Industrial training school. 

2138 Earnings of prisoners. 

2139 Transfer of prisoner. 


37 


2140 Transfer of prisoner to penitentiary. 

2141 Parole of prisoner. 

2142 Notice of parole to be published. 

2143 No petition or outside influences permitted. 

2144 Return of parole prisoner. 

2145 System of credits. 

2146 Release of prisoner. 

2147 Recommendation of pardon. 


Sections 2120 to 2128 inclusive of the original 
Explanatory. act ag evidenced by the General Code, were repealed 

by an act, creating a Board of Administration, passed May 11th, 1911, 
approved by the Governor May 17th, 1911, Vol. 102 Ohio Laws, page 223. 
Under and by virtue of this act of May 11th, the board thereby created 
succeeded to, and have all the powers, as well as others expressly con¬ 
ferred, of the Board of Managers under the original act. 

* 

Section 2129. The Superintendent shall appoint 
Appointment; a chaplain, who shall perform the ordinary duties of 
Dutie s and Salary suc h 0 ffi ce and such other duties as are prescribed by 
of Chaplain. the board. In connection with the superintendent, he 

shall make special observation and reports of the conduct, moral charac¬ 
ter and standing of the prisoners, and their eligibility for parole. He 
shall receive a salary to be fixed by the Ohio Board of Administration , 
and the Superintendent shall assign him suitable rooms in the reforma¬ 
tory and necessary furniture, fuel and provisions for himself and 
family. He shall devote his entire time to the duties of his office. 
(88 v. 384 No. 6.) 


_ , . . Section 2130. The labor necessary for the con- 

Labor on Buildings s truction of shops and other buildings and the repair 
by inmates. thereof, and for the enclosure and care of the 

grounds of the reformatory shall be performed by the inmates as far as 
practicable. (88 v. 384 No. 6.) 


Section 2131. The Superintendent shall receive 
all male criminals between the age of sixteen and 
thirty years sentenced to the reformatory, if they 
are not known to have been previously sentenced to 
Male persons between the ages of sixteen and twenty- 
one years convicted of felony shall be sentenced to the reformatory 
instead of the penitentiary. Such persons between the ages of twenty- 
one and thirty years may be sentenced to the reformatory if the court 
passing sentence deems them amenable to reformatory methods. No 
person convicted of murder in the first or second degree shall be sen¬ 
tenced or transferred to the reformatory. (95 v. 251 No. 7.) 


Who May Be 
Sentenced to 
Reformatory. 

a state prison. 


0 . tut . Section 2132. Courts imposing sentences to 

Sentence Must the 0hio state Reformatory shall make them general, 

±5e uenerai. and not fi xed or ii m ited in their duration. The 

term of imprisonment of prisoners shall be terminated by the Ohio 
Board of Adminstration, as authorized by this chapter, but the term of 
such imprisonment shall not exceed the maximum term, nor be less than 
the minimum term provided by law for such felony. (95 v. 251 No. 10.) 

38 


Erroneous 

Sentence. 


Section 2133. If, through oversight or other¬ 
wise a sentence to the reformatory should be for a 
definite period, it shall not for that reason be void, 
but the person so sentenced shall receive the benefits and be subject to 
the liabilities of this chapter, as if he had been sentenced in the manner 
required by law. In such case the Ohio Board of Administration shall 
deliver to such person a copy of this chapter and written information 
of his relation to them. (88 v. 387 No. 17.) 


n f* Section 2134. Within five days after a person 

bneriit s Duties j s sentenced to the reformatory unless the execution 
Atter Conviction 0 f suc h sen t e nce be suspended, he shall be conveyed 
and Sentence. thereto by the sheriff of the county in which he was 

convicted, and delivered into the custody of the superintendent thereof, 
there to be safely kept until released by the Ohio Board of Administra¬ 
tion or pardoned by the Governor. The sheriff shall also leave a copy 
of the sentence of the court with such superintendent. If the execution 
of a sentence is suspended and the judgment is afterwards affirmed, the 
defendant shall be conveyed to the reformatory within five days there¬ 
after. In transporting a prisoner to the reformatory, the sheriff shall 
perform like duties, have like powers and receive like compensation 
as provided by law for transporting prisoners to the penitentiary. 
(95 v. 251 No. 10.) 


Section 2135. The Ohio Board of Administra - 
* t>- and Record tion shall maintain such control over prisoners com- 
of Prisoners. mitted to its custody as may prevent them from com¬ 

mitting crime, secure their self support and accomplish their reforma¬ 
tion. When a prisoner is received the Superintendent shall cause to be 
entered in a register the date of his admission, his name, age, nativity 
and nationality, with such facts as can be ascertained of his parentage, 
early education and social influences which indicate the constitutional 
defects and tendencies of the prisoner and the best probable plan of 
treatment. Upon such register shall be entered quarterly, or oftener, 
minutes of observed improvement or deterioration of character and 
notes as to methods and treatment employed. All orders or alterations 
affecting the standing or situation of the prisoner, the circumstances of 
his final release and subsequent facts of his personal history which may 
be brought to the knowledge of the Superintendent shall also be entered 
therein. (88 v. 387 No. 15.) 


Section 2136. The discipline to be observed in 
Discipline and the institution shall be reformatory and the Ohio 
Labor of Board of Administration shall employ such means 

Prisoners. for reformation or improvement as may be expedient. 

The labor imposed upon the inmates or industrial pursuits prescribed 
for them shall be such as the board directs, but the contract system of 
prison labor shall not be employed. (97 v. 80 No. 8.) 


Section 2137. The superintendent, with the au- 
Industrial Train- thority and under the direction of the Ohio Board of 
ing School. Administration , may expend not to exceed fifty per 

cent of the gross earnings of the inmates for the equipment and mainten¬ 
ance of industrial training schools. Such schools shall be conducted so 
that the inmates shall be taught and trained in various arts of such char¬ 
acter as to enable them to perform the skilled labor required at the re- 


39 


formatory, and fit them for self-support when released therefrom. The 
Superintendent shall make detailed monthly reports to the auditor of 
state of all moneys received and expended under the provisions of this 
section. (97 v. 82 No. 8.) 


. Section 2138. The superintendent shall place to 

Earnings of the cre( jjt of each prisoner such amount of his earn- 

Prisoncrs. ings as the ohi 0 Board of Administration shall deem 

equitable and just, taking into consideration the character of the 
prisoner, the nature of the crime for which he was imprisoned and his 
general deportment. Such credit shall not exceed twenty per cent 
of his earnings and shall be paid to him or his family at such time or in 
such manner as the board directs, but not less than twenty-five per cent 
shall be left for and paid to such prisoner when he is restored to his 
citizenship. The superintendent, with the approval of the board, for 
violation of rules, want of propriety or other misconduct, may cancel 
such portion of such credit as he deems proper. (97 v. 82 No. 8.) 


Section 2139. The Ohio Board of Administra- 
Transfer of £ii on may receive and detain during the term of their 

Prisoner. sentences to the penitentiary, prisoners transferred 

therefrom. The laws applicable to convicts in the penitentiary, so far 
as they relate to the commutation of imprisonment for good conduct, 
shall be applicable to such convicts when so transferred. The board 
***** may transfer to the reformatory from the boys' 
industrial school such of its inmates as it deems advisable. (88 v. 386 
No. 14.) 


Section 2140. The Ohio Board of Administra¬ 
tion , with the written consent of the governor, may 
transfer to the penitentiary a prisoner, who, subse¬ 
quent to his committal, shall be shown to have been 
years of age at the time of his conviction or to 
have been previously convicted of crime. The Ohio Board of Adminis¬ 
tration may so transfer an apparently incorrigible prisoner whose 
presence in the reformatory appears to be seriously detrimental to the 
well being of the institution. (88 v. 385 No. 11.) 


Transfer of 
Prisoner to 
Penitentiary. 

more than thirty 


Parole of 
Prisoner. 


Section 2141. The Ohio Board of Administra¬ 
tion shall establish rules and regulations under 
which prisoners may be allowed to go upon parole in 
legal custody, under the control of the Ohio Board of Administration 
and subject to be taken back into the enclosure of the reformatory. A 
prisoner shall not be eligible to parole, and an application for parole 
shall not be considered by the board, until such prisoner has been recom¬ 
mended as worthy of such consideration by the superintendent and 
chaplain of the reformatory. (95 v. 252 No. 12.) 


Section 2142. Before consideration by the Ohio 
Notice of Parole Board of Administration notice of such recommen- 
to Be Published. dation shall be published for three consecutive 
weeks in two newspapers of opposite politics in the 
county from which the prisoner is sentenced, or in the county of the 
residence of the prisoner. The expense of such publication shall not 
exceed one dollar for each paper. A prisoner shall not be released upon 
parole unless, in the judgment of the board, there is reasonable ground 
to believe that, if so released, he will be and remain at liberty without 

40 


violating the law, and that such release is not incompatible with the 
welfare of society. Such judgment shall be based upon the record and 
character of the prisoner in the reformatory, his previous record, the 
nature and character of the crime committed and other facts which 
the board may be able to obtain bearing upon the advisability of such 
parole. A prisoner shall not be paroled without receiving the votes of 
all members of the board present at a regular or special meeting, and 
when a prisoner so paroled, has during such parole performed all the 
conditions imposed, the Ohio Board of Administration may finally re¬ 
lease and discharge him . (95 v. 252 No. 12.) 


No Petition or 
Outside Influences 
Permitted. 


Section 2143. A petition or application for the 
release of a prisoner shall not be entertained by the 
Ohio Board of Administration, and no attorney or 
other person shall appear before the board as ap¬ 
plicant for the parole of the prisoner. The board may make such in¬ 
quiries as is advisable as to the previous history or environment of 
such prisoner, or his probable surroundings if paroled. Such inquiries 
shall be instituted by the hoard itself and all information thus received 
shall be confidential. (95 v. 252 No. 12.) 


Section 2144. The Superintendent shall enforce 
Return of the rules an( j regulations relating to paroles, and 

Parole Prisoner. ma y re t a ke and reimprison a prisoner upon parole. 
His written order certified by his secretary shall be sufficient warrant 
for officers named therein to arrest and return to actual custody a con¬ 
ditionally released or paroled prisoner. If a paroled prisoner is in the 
custody of an officer of the law, either under an order of arrest or by 
virtue of a conviction and sentence for a crime other than murder in 
the first or second degree, manslaughter, rape or arson, such order shall 
be a sufficient warrant to take such paroled prisoner into the custody 
of an officer of the reformatory. The officers named in such order shall 
arrest and return to custody a conditionally released or paroled prisoner. 
The Ohio Board of Administration may make rules and regulations 
necessary and proper for the employment, discipline, instruction, educa¬ 
tion, removal, temporary or conditional release and return of prisoners 
of the reformatory. (95 v. 253 No. 13.) 


Section 2145. The Ohio Board of Administra- 
System of Credits, tion, under a system of marks or otherwise, shall 
make a uniform plan to determine what number of 
marks or credits shall be earned by each prisoner with a view to increase 
privileges, or to release from its control. Such plan shall be subject to 
revision. Each prisoner shall be credited for good personal demeanor, 
diligence in labor or study, and results accomplished, and debited for 
dereliction, negligence or offenses. The Superintendent shall establish 
rules and regulations by which each prisoner's account of marks shall 
be made known to him as often as once a month, and make provision 
by which a prisoner may see and converse with one or more of the 
officers of the institution during each month. (95 v. 253 No. 16.) 

Section 2146. When there is a reasonable 
Release of probability that a prisoner's release or parole will 

Prisoner. not be incompatible with the welfare of society, the 

Ohio Board of Administration may grant an absolute release to such 
prisoner, certifying the fact of such release and the grounds thereof to 
the governor, who may thereupon restore such prisoner to citizenship. 

41 


Nothing herein contained shall impair the power of the governor to 
grant a pardon or commutation in any case. (95 v. 253 No. 16.) 

. Section 2147. The Ohio Board of Administra- 

Kecomm en d ati ° n ^ on ma y recommend that a prisoner be pardoned, 
ot Pardon. without the intervention of the state board of par¬ 

dons. Such recommendation shall require the votes of all the members 
of the board present at a regular or special meeting and such pardon 
shall first be recommended by the superintendent and chaplain of the 
reformatory. (95 v. 253 No. 16.) 


CHILDREN’S HOMES AND ASYLUMS. 
ORPHAN ASYLUMS. 


Section 

3070 Requests for Orphan Asylum. 

3071 When may erect asylum. 

3072 Board of Directors. 

3073 Duties of Directors; Treasurer; Bond. 

3074 Annual Report. 

3075 Investments. 

3076 When it may be changed into children’s home. 


COUNTY CHILDREN’S HOMES. 


3077 Establishment of children’s home submitted to vote. 

3078 Duty of commissioners if vote is favorable. 

3079 May issue bonds in anticipation of tax. 

3080 May receive and hold property in trust. 

3081 Trustees, terms of. 

3082 Vacancy, how filled; removals. 

3083 Trustees may accept bequest to county children’s home. 

3084 Superintendent; how appointed. 

3085 Duties of Superintendent, Matron and Teacher. 

3086 Superintendent may suspend employe. 

3087 Trustees shall receive no compensation. 

3088 Clerk to report names and ages to auditor. 

3089 What children may be admitted. 

3090 How children shall be admitted; records. 

3091 Certificates of infirmary superintendents, township trustees 

may file complaints. 

3092 Commissioners may care for destitute children. 

3093 Guardianship and control of inmates. 

3094 May remove child to county of its residence. 

3095 Foster home to be investigated. 

3096 Written agreement as to child’s care. 

3097 Uniformity of records. Agreement. 

3098 Visitation, duty of trustees. 

3099 Trustees shall appoint visiting agent. 

3100 May place children in private families; joint visiting agents. 

3101 Repealed by Commission. 


42 


3102 Repealed by Commission. 

3103 Reservation in contract. 

3104 Quarterly report. 

3105 Appropriation of estimate. 

3106 Trustees shall not furnish supplies to board. 

3107 Products may be sold. 

3108 Annual report. 


SEMI-PUBLIC HOMES. 

3108-1 Counties may aid Incorporated Children's Homes. 

3108-2 Requirements for Semi-public Homes. 

DISTRICT HOMES. 

3109 District Homes. 

3110 Commissioners may accept private donations. 

3111 Trustees may accept bequest to district children's home. 

3112 Five Trustees shall be appointed. 

3113 Location of district children's home. 

3114 How Trustees apportioned. 

3115 Quorum; compensation. 

3116 Trustees may be removed for cause. 

3117 Commissioners may delegate powers to Trustees until building 

is erected. 

3118 Power to purchase site, stock, etc., vested in joint board. 

3119 Cost of home paid by counties according to taxable property. 

3120 Industrial pursuits may be established; taxation. 

3121 Commissioners and trustees of townships of adjoining county. 

3122 (Repealed by Commission.) 

3123 How such homes supported. 

3124 Auditor to adjust accounts every six months. 

3125 Commissioners paid actual expenses. 

3126 Same laws apply to county and district homes. 

CITY CHILDREN'S HOMES. 

4083 Powers of Trustees and Managers. 

4084 May act as guardian of children, and procure them homes. 

4085 Agreement as to child's care. 

4086 What records shall be kept. 

4087 Cancellation of contract. 

4088 Trustees may remove children from unsuitable homes. 

ORPHAN ASYLUMS. 

Section 3070. The county commissioners may 
Requests for receive bequests, donations, and gifts, real and per- 

Orphan Asylum. SO nal, for the purchase of a site to erect thereon and 
maintain an orphan asylum, provided, however, that the Board of State 
Charities must first approve of the establishment of such asylum. (R. 
S. Sec. 923.) 


43 


Section 3071. When, in the opinion of the com- 
When May Erect m i ss i 0 ners, the bequests, donations, or gifts received 
Asylum. by them are sufficient therefor, they may proceed to 

the purchase of a site, and the erection thereon of an orphan asylum. 
(R. S. Sec. 924.) 


Section 3072. When the asylum is completed, 
Board of the coun ty commissioners shall appoint six judicious 

Directors. persons, residents of the county, who shall form a 

board of directors to take charge of such asylum and manage its affairs 
under such rules and regulations as they establish, or are prescribed by 
law. The two first named directors shall serve for two years, the second 
two for four years, and the third two for six years, and as their terms 
of office expire, their successors shall be appointed for the term of six 
years. (R. S. Sec. 925.) 


Section 3073. The directors of such asylum 
shall discharge gratuitously the duties required of 
them by law. They shall elect from their own num¬ 
ber a president, treasurer, and secretary. The treas¬ 
urer shall give bond to the state, in such sum as the county commission¬ 
ers require, for the safe keeping and disbursement of moneys that come 
into his hands as such treasurer. (R. S. Sec. 925.) 


Duties of Direct 
ors; Treasurer; 
Bond. 


Section 3074. Each year, the directors of such 
Annual Keport. asylum shall make to the county commissioners, a 
full report of the receipts and disbursements of the Asylum, the number 
of orphans received into and discharged therefrom, and any other mat¬ 
ters they deem of interest to the institution, or the public. Each report 
shall be published by the county commissioners in a newspaper having 
general circulation in the county. (R. S. Sec. 926.) 

Section 3075. Funds coming into the hands of 
Investments. the C0U nty commissioners for such purposes, not 

immediately needed therefor, may be invested by them in unincumbered 
real estate mortgages or bonds of the state or United States, the pro¬ 
ceeds to be credited to the asylum fund. (R. S. Sec. 927.) 

wvi m h Section 3076. If not inconsistent with the 

When it May be terms of any devise, bequest, or donation for the 
^?. n / ed , u 0 establishment of such asylum, it may be changed 

Children s Home. i n t 0 or connec ted with a children's home belonging 
to such county. (R. S. Sec. 928.) 


COUNTY CHILDREN'S HOMES. 


_ A ,.. , . r Section 3077. When in their opinion the inter- 

Estabhshment of estg of the pu bli c so demand, the commissioners of a 
Children s county may, or upon the written petition of two hun- 

bubmitted to Vote. dred or more taxpayers, shall, provided the approval 
of the Board of State Charities has been first obtained , at the next 
regular election submit to the qualified electors of such county, or of the 
counties forming a district, the question of establishing a children's 
home for such county or district, and the issue of county bonds or notes 
to provide funds therefor. Notice of such election shall be published for 


at least two weeks prior to taking such vote, in two or more newspapers 
printed and of general circulation in such county or in the counties of 
the district, and shall state the maximum amount of money to be 
expended in establishing such home. (R. S. Sec. 929.) 

n f r . Section 3078. If at such election a majority of 

uty ot i^ommis- electors voting on the proposition are in favor of 
goners it Vote is establishing such home, the commissioners of the 
t avorable. county or of any adjoining counties in such district, 

having so voted in favor thereof, shall provide for the purchase of a 
suitable site and the erection of the necessary buildings and provide 
means by taxation for such purchase and the support thereof. Such 
institution shall be styled the children’s home for such county or district. 
(R. S. Sec. 929.) 


Section 3079. In anticipation of the collec- 
May Issue Bonds tion Q f taxes levied or to be levied for the purchase 
In Anticipation of 0 f suc h an( j erection of such buildings, or for 

Tax - the purchase of a suitable site and buildings already 

erected thereon, the commissioners of any county may issue the notes or 
bonds of the county, to bear interest not to exceed six per cent per 
annum, payable semi-annually, which shall not be sold for less than their 
par value. (R. S. Sec. 929.) 

. Section 3080. Such commissioners may re- 

p CClve a . ceive and hold in trust for the use and benefit of the 

Hold Property in home, any grant or devise of land and any donation, 

Trust * bequest, money or other personal property that may 

be made for the establishment and support of such home. (R. S. Sec. 
929.) 

Section 3081. When the necessary site and 
Trustees, buildings are provided by the county, the county 

1 erms of. commissioners shall apoint a board of four trustees, 

as follows: One for one year, one for two years, one for three years, 
and one for four years, from the first Monday of March thereafter. 
Not more than two of such trustees shall be of the same political party. 
Annually thereafter on the first Monday of March, said commissioners 
shall appoint one such trustee, who shall hold his office for the term of 
four years and until his successor is appointed and qualified. (R. S. 
Sec. 930.) 


Section 3082. The commissioners shall imme- 
Vacancy, How diately fill a vacancy caused by death, resignation or 
Filled; Removals, removal, by appointment for the unexpired term. 
They may remove any trustee appointed by such board of commissioners 
for cause impairing faithful, efficient and intelligent administration, or 
for conduct unbecoming to such office, after an opportunity is given to 
be heard upon written charges, but no removal shall be made for political 
reasons. (R. S. Sec. 930.) 


Section 3083. When a person has bequeathed, 
Trustees May or hereafter bequeaths any property to the use and 

Accept Bequest benefit of a county children’s home, the trustees 

to County Chil- thereof may accept and use such bequest as they 

dren’s Home. deem for the best interests of the institution con¬ 

sistent with the provisions and conditions of such bequest. (R. S. Sec. 
936a.) 


45 


. Section 3084. The board of trustees shall 

Superintendent; designate a suitable person to act as superintendent 
How Appointed. 0 f # ie home, and who shall receive for his services 
such compensation as the board of trustees designates at the time of 
his appointment. He shall perform such duties, and give security for 
their faithful performance, as the trustees require. (R. S. Sec. 930.) 

Duties of Superin- Section 3085. Subject to such rules and regu- 

tendent, Matron lations as the trustees prescribe, the superintendent 
and Teacher. shall have entire charge and control of such home 

and the inmates therein. Upon the recommendation of the superin¬ 
tendent, the trustees may appoint a matron, assistant matron, teacher 
or teachers whose duties shall be the care of the inmates of the home, 
and to direct their employment, giving suitable physical, mental and 
moral training to them. Under the direction of the superintendent, the 
matron shall have the control, general management and supervision of 
the household duties of the home, and the matron, assistant matron, 
teacher, or teachers, shall perform such other duties, and receive for 
their services such compensation as the trustees may by by-laws from 
time to time direct. They may be removed by the superintendent or at 
the pleasure of the trustees, or a majority of them. A licensed physician 
shall be employed, who shall at least quarterly make a physical and 
mental examination of all the inmates of such home, and a record of such 
examination shall be kept. When necessary, experts may be employed 
to give the proper treatment, or a child may be sent to a suitable institu¬ 
tion for treatment at the expense of the county . (R. S. Sec. 930.) 

Section 3086. The superintendent may sus- 
Supermtendent pend temporarily a matron, assistant matron or 

May Suspend teacher, notice of which must be immediately given 

Employe. to the board of trustees for their approval or dis¬ 

approval but, if in their judgment it is for the best interest of the home 
and of the county, the trustees may dispense with a superintendent and 
authorize the matron to assume entire charge of the home and its 
management. (R. S. Sec. 930.) 

_ .. Section 3087. The trustees shall not receive 

irustees snail any compensation for their services, but they and 
Keceive No Com- the superintendent shall be allowed their necessary 
pensation. expenses while on duty, including expenses as duly 

accredited delegates to state and national conferences devoted to child¬ 
saving, and other charitable and correctional work, and such expenses 
shall be paid in the same manner as other current expenses of children's 
homes, and shall not exceed six hundred dollars in any year for any 
county. (R. S. Sec. 930.) 

„ Section 3088. During the two weeks ending on 

Clerk to Report the f our th Saturday in July, the clerk of the board 
Names and Ages 0 f trustees shall take and return to the county 
to Auditor. auditor the names and ages of all youth of school age 

in such home. The state common school fund, not otherwise appropri¬ 
ated by law, shall be apportioned in proportion to the enumeration of 
youth, to such home and other districts, subdistricts and joint subdis¬ 
tricts within the county. The amount of money due such home under 
such apportionment shall be set apart by the auditor of the county, and 
shall become a part of the children's home fund and used to maintain 


46 


a common school in such home, and shall be paid out on certificate of 
the trustees, stating in the certificate, the amount and the purpose 
thereof. Thereupon the county auditor shall issue his warrant on the 
treasurer for the amount so certified. This section shall not apply to 
children's homes in counties where such children attend the public 
schools. When in their judgment advisable, the trustees may employ 
a teacher to teach the school in any such home, as provided by law, but 
such teacher must have a “Teacher’s Elementary School Certificate” as 
provided for by Section seven thousand eight hundred and thirty of the 
General Code. (R. S. Sec. 930b.) 


Section 3089. The home shall be an asylum 
What Childreii f 0 r children under the age of eighteen years, of sound 
May be Admitted. m j nc i an d no i m orally vicious and free from infect¬ 
ious or contagious diseases, who have resided in the county not less 
than one year, and for such other children under such age from other 
counties in the state where there is no home, as the trustees of such home 
and the persons or authority having the custody and control of such 
children, by contract agree upon, who are, in the opinion of the trustees, 
suitable children for admission by reason of orphanage, abandonment or 
neglect by parents, or inability of parents to provide for them. In no 
event shall a delinquent or incorrigible child, be committed to or be 
accepted by such home. If an inmate of such home is found to be 
incorrigible , he or she shall be brought before the juvenile court for 
further disposition. Parents or guardians of such children shall in all 
cases where able to do so, pay reasonable board for their children 
received in such children’s home. (R. S. Sec. 931.) 


How Children 
Shall be Ad- 


Section 3090. They shall be admitted by the 
superintendent on the order of the Juvenile Court or 
of a majority of such trustees, accompanied by a 


mitted; Records. statement of facts signed by the court or trustees, 
setting forth the name, age, birthplace, and present condition of the 
child named in such order, which statement of facts contained in the 
order, together with any additional facts connected with the history and 
condition of such children shall be, by the superintendent, recorded in 
a record provided for that purpose, which shall be confidential and only 
open for inspection at the discretion of the trustees. (R. S. Sec. 931.) 


Certificates of 
Infirmary Direct¬ 
ors. Township 
Trustees May 
File Complaints. 


Section 3091. When a child maintained in the 
infirmary of any county becomes eligible to the chil¬ 
dren's home of such county or district, such fact 
shall be certified to the trustees thereof by the 

superintendent of the infirmary. ***** 
Except such as are imbecile, idiots or insane, no 
child or children entitled to admission into a 
children's home shall be kept or maintained in any county infirmary in 
this state. When children are found by township trustees to be proper 
subjects for the care of the county, said trustees shall file their complaint 
with the Juvenile Court, and if said court orders such children to be 
committed to a children’s home, they shall be conveyed to such home i 
by the township trustees, and the expenses thereof paid from the town¬ 
ship poor fund. The superintendent of the home may provide and care 
for temporarily until the proper officers are notified, any child found 
abandoned and destitute, and which is eligible to the children’s home. 
(R. S. Sec. 931.) 


47 


Section 3092. * * * * * In any county 

Commissioners where such home has not already been provided, the 
May Care for board of commissioners shall make temporary provi- 

Destitute Children. gions f or destitute children by transferring them to 
the nearest children’s home where they can be received and kept at the 
expense of the county, or by leasing suitable premises for that purpose, 
which shall be furnished, provided and managed in all respects as pro¬ 
vided by law for the support and management of children’s homes, 
but if such child be not abandoned or surrendered by its parents, a com¬ 
plaint must first be filed with the Juvenile Court setting forth the facts 
as to such children, and if such court commits such children to an 
institution or agency for the care of children, then the said commissioners 
may pay reasonable board for such child, whether placed in an institu¬ 
tion or with a private family. But the commissioners may provide for 
the care and support of such children within their respective counties, 
in the manner deemed best for the interest of such children, which may 
include the payment of board for such children in a private home, when 
placed therein by an institution or society certified by the Board of State 
Charities as provided by Section 1352-1 of the General Code, and they 
shall levy an additional tax, which shall be used for that purpose only. 


Section 3093. All inmates of such home who 
by reason of abandonment, neglect, or dependence 
have been admitted, or who have been by the parent 
or guardian voluntarily surrendered to the trustees, 
sole and exclusive guardianship and control of the 
trustees during their stay in such home, until they are eighteen years of 
age, and if such child is placed out ***** con t ro l shall 

continue until such child becomes of lawful age. A child shall be deemed 
abandoned, if at any time the parents or persons having control thereof 
are in arrears for his or her board for a period of one year or more. 
Payment of such board thereafter shall not reinstate such parents or 
persons in the control or guardianship of such child. 


(R. S. Sec. 931c.) 


Guardianship 
and Control of 
Inmates. 

shall be under the 


Section 3094. The trustees may remove any 
child, who has become a charge upon the county and 
who has no legal settlement therein, to the county to 
which it belongs, and all charges and expenses so 
incurred shall be paid by the county to which it belongs. The trustees 
may discharge any inmates of such home and may return them to their 
parents or guardians when they believe them capable of providing for 
themselves or their parents or guardians for them. (R. S. Sec. 932.) 


May Remove 
Child to County 
of its Residence. 


Section 3095. The trustees shall seek homes in 
Foster Home to private families for all children eligible to be placed 
be Investigated. 0 ut, but before allowing a child to leave the home 
they shall cause the proposed foster home to be carefully investigated 
and satisfy themselves that such persons are suitable to have the care 
and bringing up of the child. The trustees shall have scrupulous regard 
to the religious and moral character of the persons with whom the child 
is placed in order to secure to it the benefit of good example and whole¬ 
some instruction and opportunity of becoming an intelligent and useful 
citizen. (R. S. Sec. 933.) 


48 


Written Agree¬ 
ment as to 
Child’s Care. 


Section 3096. The trustees shall require an 
agreement in a form to be prescribed by the Board 
of State Charities , in writing to be entered into, that 
such child so placed out shall be furnished with good 
and sufficient food, clothing and a public school education, and 
* * * * * if deemed by the trustees to the interest of the 

child that such provisions be made , that there shall be payment to it 
of a reasonable amount to be named in the agreement, to be paid in 
such amounts and times as may be specified. Children may be placed 
in homes on trial without any written agreement. For the purpose of 
securing the well-being and progress of such children, and the enforce¬ 
ment of the agreement, the trustees shall have the control and guardian¬ 
ship of such children until they become of age. (R. S. Sec. 933.) 


. Section 3097. Full and complete records of the 

Uniformity of inmates shall be kept in the children’s home and they 
Records. shall ^g un if or m throughout the state. It shall be 

Agreement. the duty of the Board of State Charities to secure 

uniformity by providing a standard form of blanks and records for the 
guidance of such institutions, wherein shall be recorded the full name, 
age, place of residence, name of parent or other relatives, so far as 
obtainable, and other information as the Board of State Charities 
requires, which records shall not be open to inspection unless on special 
permission of the trustees. The name and place of residence of the 
person with whom a child is placed or by whom adopted shall be recorded 
together with the terms of the agreement in a separate record, which 
shall not be open to inspection except by special permission of the 
trustees, having regard at all times to the well-being of the child, 
except that duly authorized representatives of the Board of State Chari¬ 
ties may see such record at any time. (R. S. Sec. 933.) 

... Section 3098. The trustee shall visit, or 

Visitation, Duty cause to be visited, each child placed out by them, 
of Trustees. a t i eas t once eac h year, and as much oftener as 

the welfare of the child requires. ***** The trustees may 
at any time vacate any agreement ***** when the welfare of 
the child may demand it, and replace it in another family home or 
return it to the institution. (R. S. Sec. 933.) 

Section 3099. Unless a children's home places 
Trustees May. war d s through the agency of the Board of State 

Appoint Visiting Charities, the trustees shall appoint a competent per- 
A S ent - son as visiting agent, who shall seek homes for the 

:hildren in private families, where they will be properly cared for, 
;rained and educated. When practicable, the agent shall visit each 
ffiild so placed not less ***** than once in each year, and 
report from time to time to the trustees its condition, any brutal or ill 
;reatment of it, or failure to provide suitable food, clothing or school 
J acilities therefor in such family. The agent shall perform his or her 
luties under the direction of the trustees and superintendent of the 
children’s home for which he or she is appointed, and may be assigned 
>ther duties not inconsistent with his or her regular employment as the 
;rustees prescribe. His or her appointment shall be for one year, or 
mtil his or her successor is appointed, and he shall receive such reason- 
ible compensation for his or her services as the trustees provide. (88 
V. 505 No. 1.) 


49 


m -pi p , .. Section 3100. The trustees of such children's 

May Place Chil- home may also place children under their charge in 
drcii in Private suitable homes in private families, through well 
Families; Joint known and established private institutions duly in- 
Visiting Agents. corporated under the laws of the state, and approved 
by the Board of State Charities as provided by Section 1352-1 of the 
General Code , which have as their object, the fitting for, and placing of 
children in families. Such trustees of two or more counties may unite 
in the employment of a visiting agent who shall serve them in such 
manner with such compensation as the trustees so uniting prescribe. 
(86 V. 340 No. 2; 88 V. 505 No. 1.) 


Section 3101. Duties of Visiting Board. (Repealed by Com¬ 
mission.) 

Section 3102. Child Not Properly Treated. (Repealed by Com¬ 
mission.) 


. . Section 3103. In all contracts for placing out 

Reservation in children from any state or county institution, the 
Contract. officers making them shall expressly reserve the right 

to cancel the contract whenever, in their judgment, the interests of the 
child are not properly cared for. But nothing herein shall apply to 
private charitable asylums for the care, protection and training of 
children that have their own methods for the visitation of such children. 
(R. S. Sec. 931d.) 


Section 3104. The board of trustees shall re- 
Quarterly Report. p 0r t q Uar terly to the commissioners of the county the 
condition of the home, and make out and deliver to the commissioners 
a carefully prepared estimate, in writing, of the wants of the home 
for the succeeding quarter. Such estimate shall specify separately the 
amounts required for each of the following purposes, to-wit: First 
***** maintenance . Second ***** repairs 
Third ***** special improvements. (R. S. Sec. 934.) 

... - Section 3105. At their regular quarterly meet- 

Appropriation ot j n g w hi c h suc h estimate is presented to them, 
Estimate. the commissioners shall carefully examine the esti¬ 

mate, and if, in their judgment, it is reasonable and ratably within the 
assessment for the support of the home for the current year, or so much 
thereof as they deem reasonable and within such assessment, the board 
of commissioners shall allow and approve, and shall appropriate and set 
apart such amount for the use of the home. Upon the order of the 
trustees of the home, the county auditor shall draw his warrant upon 
the county treasurer, who shall pay such warrant from the fund so 
appropriated and set apart. (R. S. Sec. 934.) 


T «... Section 3106. The trustees shall contract no 

l rustees bnaii debts and make no purchase in excess of the amount 

Not Furnish so appropriated. No member of the board of trus- 

Supplies to Board, tees of a children's home shall sell or supply any 
article for the maintenance of the home or be interested in any contract 
made by the board. (R. S. Sec. 934.) 


50 


Products May 
Be Sold. 


Section 3107. Under the rules and regula¬ 
tions adopted by the trustees, the superintendent 
may sell products not needed to maintain the home, 
and all receipts from this and other sources shall on the last day of each 
month be paid into the county treasury, and be placed to the credit of 
the children's home fund, to be paid out by the trustees as exigency 
may require. (R. S. Sec. 934.) 


A . 0 Section 3108. On the thirty-first day of Au- 

Annual Report. gust eac h year> the board of trustees shall also 
make an annual report in writing to the commissioners, of the condition, 
wants and operation of the home, including a statement of the number 
of inmates, and if from other counties, the terms upon which they are 
admitted, and an accurate account of all receipts and expenditures. 
(R. S. Sec. 934.) 


SEMI-PUBLIC HOMES. 


Section 3108-1. The county commissioners of 
any county which has no county children’s home 
may aid an incorporated children’s home or other 
incorporated society, whose object is the care, aid, 
and education of neglected or destitute children, by contributing toward 
the purchase of land for such home or society, or the erection of buildings 
by it, or of additions to existing buildings, or other improvements to an 
amount not to exceed twenty five hundred dollars in any one year; or 
they may contribute an amount not to exceed five hundred dollars in any 
one year for the purpose of keeping such property in repair, provided 
that in case such children's home shall cease to exist so that such 
property so purchased shall cease to be used for the purpose of such 
children's home by such corporation such county shall have a lien upon 
such property so purchased for the amount of money contributed for 
its purchase and if such corporation shall fail or be unable from any 
cause to maintain, manage and control such home so as to subserve the 
purpose of a children's home for which the same was incorporated, then 
such commissioners may enforce such lien or, if they so prefer and 
desire, they are hereby authorized and empowered upon approval of the 
Board of State Charities first obtained to organize such home into a 
county children's home, under the general laws of the State of Ohio, and 
the title to such property, where the county has contributed the whole 
amount of the purchase money shall vest in and be the property of such 
county. (R. S. 929-2.) 


Counties May 
Aid Incorporated 
Children's Homes. 


. Section 3108-2. Children’s homes or societies 

Requirements so assisted by county commissioners, shall be known 

For Semi-public as semi-public homes. They shall have the same 
Homes. rights and duties as are prescribed in the case of 

county children’s homes by Sections three thousand eighty-nine, three 
thousand ninety, three thousand ninety-one, three thousand ninety- 
three, three thousand ninety-five, three thousand ninety-six, three thou¬ 
sand ninety-seven, three thousand ninety-eight, three thousand ninety- 
nine, three thousand one hundred and three thousand one hundred and 
three of the General Code. They shall make to the county commission¬ 
ers a monthly report on the first Monday of each month of the condi- 


51 


tion of said institution, its receipts and expenditures during the pre¬ 
ceding month, the number of children received and discharged and the 
general condition of the institution. 

The superintendent of the infirmary of any county shall certify 
children to semi-public homes in the manner provided by Section two 
thousand five hundred and forty-seven and three thousand and ninety-one 
in the case of county children's homes. The county commissioners shall 
pay for the maintenance of such children a sum to be agreed upon by the 
commissioners and the board of such home. A home or society desiring 
to be classed as a semi-public home shall state the facts to the Board 
of State Charities , which , if satisfied that such home or society is a 
proper subject for county aid as provided herein , shall issue its certifi¬ 
cate that such home or society shall be known as a semi-public home. 
No home or society not so certified shall be entitled to receive any funds 
from the county commissioners as provided herein. Said certificate shall 
be valid for one year from the time the same is issued. (R. S. 929-4.) 

DISTRICT HOMES. 


District Homes. 


Section 3109. In accordance with the purposes, 
provisions, and regulations relating to county chil¬ 
dren's homes, when in their opinion the public good so demands, the 
commissioners of two or more adjoining counties, not to exceed four, 
may form themselves into a joint board, and proceed to organize a 
district for the establishment and support of a children's home, and 
provide for the purchase of a site, and the erection of necessary build¬ 
ings thereon, provided the approval of the State Board of Charities has 
been first obtained. (R. S. Sec. 936.) 


Section 3110. Any grant or devise of land, 
donation or bequest of money or other personal 
property, made by private individuals or parties for 
the use and benefit of children’s homes, and held in 
trust by special agents, executors of estates, or other persons, may be 
accepted and used by the commissioners of any county or district on 
such terms as are agreed upon by such board, and such persons, agents 
or executors. (R. S. Sec. 936.) 


Commissioners 
May Accept Pri¬ 
vate Donations. 


Section 3111. When any person has be¬ 
queathed, or hereafter bequeaths his or her estate or 
any part thereof to the use and benefit of a district 
children's home, the trustees may accept and use 
such bequest as they deem for the best interests of 
the institution, and consistent with the provisions and conditions of 
(R. S. Sec. 936a.) 

Section 3112. Immediately upon the organiza¬ 
tion of the joint board, or as soon thereafter as 
practicable, said joint board shall appoint five trus¬ 
tees, who shall hold and perform the duties of their 
office, until the first annual meeting after the selection and purchase of 
a building site, when said joint board appoint a board of five trustees, 
who shall hold their office, one for the term of one year, one for the 
term of two years, one for the term of three years, one for the term of 
four years, and one for the term of five years. Annually thereafter, 


such bequest. 

Five Trustees 
Shall be 
Appointed. 


Trustees May 
Accept Bequest 
to District Chil¬ 
dren’s Home. 


said joint board shall appoint one trustee, who shall hold his office for 
the term of five years, and until his successor is appointed and qualified. 
The annual meeting of the board shall be held on the first Tuesday of 
May in each year. (R. S. Sec. 937.) 


Location of 
District Children’s 
Home. 


Section 3113. The trustees may select a suit¬ 
able site for the location of such home, which must 
be of easy access, and when in the judgment of the 
trustees, equally conducive to health, economy in 
purchasing or in building, and to the general interest of the home and 
inmates, as near as practicable to the geographical center of the district 
and where but two counties form a district as near as may be to the 
dividing line. (R. S. Sec. 938.) 

u T Section 3114. Each county in the district shall 

wow i rustees b e en titled to one trustee, and in districts composed 

Apportioned. 0 f ^ t wo coun ties, each county shall be entitled to 

not less than two trustees. The county wherein such children’s home 
is located, shall have not less than two trustees, who, in the interim of 
the regular meetings of the board, shall act as an executive committed 
in the discharge of all business pertaining to the home. ***** 
(R. S. Sec. 938.) 

n Section 3115. A majority of the trustees shall 

Quorum; constitute a quorum, and their meetings shall be held 

Compensation. quarterly. They shall receive no compensation for 
their services, except their actual traveling expenses, which, when, 
properly certified, shall be allowed and paid. (R. S. Sec. 938.) 

Section 3116. The joint board of Commission- 
I rustees May be ers s h a u h ave p 0Wer to remove any trustee, but no 
Removed lor removal shall be made on account of religious or 

^ ause * political opinion. The trustee appointed to fill any 

vacancy shall hold his office for the unexpired term of his predecessor, 
and until his successor is appointed and qualified. (R. S. Sec. 939.) 


Commissioners 
May Delegate 
Powers to Trus¬ 
tees Until Build¬ 
ing is Erected. 


Section 3117. In the interim, between the 
selection and purchase of a site, and the erection 
and occupancy of the home, the commissioners may 
delegate to the trustees such powers and duties as, in 
their judgment, will be of general interest or aid to 
the institution. They may appropriate, from time to 
time, a trustees’ fund, to be expended by the board of trustees in pay¬ 
ment of such contracts, purchases, or other expenses necessary to the 
wants or requirements of the home, not otherwise provided for. The 
trustees shall make a complete settlement with the board of commis¬ 
sioners once in six months, or quarterly, if required, and also make a 
full report of the condition of the home and inmates, as provided for 
trustees of a county home. (R. S. Sec. 940.) 

Power to Pur- Section 3118. The purchase of site, stock, 

chase Site, Stock, implements, and general equipments of farm, should 
Etc., Vested in there be a farm, the erection of buildings, and corn- 

joint Board. pletion and furnishing of the home ready for occu¬ 

pancy, shall be in the hands of the joint board of commissioners, but 
they may delegate all or a portion of these duties to the board of trus¬ 
tees, under such restrictions and regulations as they impose and provide. 


53 


Section 3119. The first cost of the home, and 
the cost of all betterments and additions thereto, 
shall be paid by the counties comprising the district, 
in proportion to the taxable property of each county, 
as shown by their respective duplicates. The cur¬ 
rent expense of maintaining the home and the cost of ordinary repairs 
thereto, shall be paid by each such county in proportion to the number of 
children therefrom maintained in the home during the year. (R. S. Sec. 
942.) 

Section 3120. The trustees of county or dis¬ 
trict children's homes may establish, in connection 
therewith, such industrial pursuits as they deem 
expedient. The commissioners of all counties where¬ 
in such homes are or may hereafter be established, 
and the commissioners of all counties forming parts of districts wherein 
such homes are or may hereafter be established, are authorized to fur¬ 
nish, by taxation, the means necessary to put into operation the object 
of this section. (R. S. Sec. 943.) 

Section 3121. The commissioners and trustees 
of townships in counties in which no children's 
home or other similar institution is located, and 
adjoining a county or district in which there is such 
a home, may send to it children for whom they have 
to provide, if the trustees of the home can receive them without detri¬ 
ment to children of their own county or district. The cost of maintain¬ 
ing these children in the home shall be no greater than the per capita 
cost of suitably providing for and educating the children of the county 
or district in the home to which they are so sent. (R. S. Sec. 944.) 


Commissioners 
and Trustees of 
Townships of 
Adjoining County. 


Industrial Pur¬ 
suits May be 
Established; 
Taxation. 


Cost of Home 
Paid by Counties 
According to 
Taxable Property. 


Section 3122. Children neglected or abused by parents may be 
sent to home. (Repealed by Commission.) 

Section 3123. The board of commissioners of 
How Such any coun ty having such home, and the joint board of 

Homes Supported, commissioners of district homes shall make annual 
assessments of taxes sufficient to support and defray all necessary ex¬ 
penses of the home.. (R. S. Sec. 946.) 

Section 3124. The auditors of the several 
Auditor to Adjust counties composing a children's home district, shall 
Accounts Every me et at ^he home, not less than once in six months, 
Six Months. to adjust accounts, and to transact such other duties 

in connection with the institution as pertain to the business of their 
office. (R. S. Sec. 947.) 

. . Section 3125. Commissioners who meet by ap- 

Comrmssioners pointment to consider the organization of such dis- 
Paid Actual trict home shall, upon presentation of accounts 

Expenses. properly certified, be paid their necessary expenses 

upon a warrant drawn therefor by the auditor of their county. (R. S. 
Sec. 948.) 


Section 3126. All provisions of this chapter 
relating to county children's homes so far as applic¬ 
able, including the provisions for the placement of 
children in private homes, shall be in full force and 
effect in the organization, support, and management of district children's 
homes. (R. S. Sec. 949.) 


Same Laws Apply 
to County and 
District Homes. 


54 


CITY CHILDREN'S HOMES. 


Powers of Section 4083. In cities where children's homes 

Trustees and or industrial schools are established under the incor- 

Managers. poration law of the state, the trustees and managers 

of such institutions may take under their guardian¬ 
ship all children placed under their care and management in either of 
the following modes: 

First. - Children under sixteen years of age, who 

are voluntarily surrendered by the father and mother or in case of the 
death, or long continued or wilful absence of the father, by the mother, 
or by their guardians, to the care of such trustees and managers, they 
being by virtue of such surrender invested with the same power over 
the persons of the children as the parents or guardians. 

Second. - Children under sixteen years of age who 

are committed to their care by * * "* * * the Juvenile Court. 

***** (R. S. Sec. 2181.) 

May Act as Section 4084. The trustees and managers shall 

Guardian of Chil- have the guardianship of such children during their 
dren, and Procure minority, and, when if seems proper, may place them 
Them Homes. in suitable homes, having scrupulous regard to the 
religious and moral character of the persons with 
whom such children are placed, in order to secure to them the benefits 
of good example and wholesale instruction, and the opportunity of 
becoming intelligent and useful men and women. (R. S. Sec. 2182.) 

Agreement as Section 4085. The trustees and managers shall 

to Child’s Care. require an agreement to be entered into, that each 
and every child so placed shall be furnished with 
good and sufficient food and clothing and a suitable common school educa¬ 
tion. Such agreement shall he in a form to he prescribed by the Board 
of State Charities . ***** (R. S. Sec. 2183.) 

What Records Section 4086. Such trustees and managers 

Shall Be Kept. shall provide themselves with records, in which shall 
be entered the age, parentage, place of residence, and 
present condition of every child received in any such children's home 
or industrial school. They shall also cause to be entered in such records 
the time when, the place where, and the person to whom any of the 
inmates of such children's home or industrial school have been placed 
for suitable homes, ***** ^ together with a substantial state¬ 

ment of any contract made between such trustees and managers, and 
the persons receiving such child. (R. S. Sec. 2183.) 

Cancellation of Section 4087. ***** If a person so 

Contract. taking charge of a child, desires to be released from 

the contract, the trustees and managers, upon appli¬ 
cation, may cancel it, and resume the charge and management of the 
child, and shall have the same power and authority over him as before 
the agreement was made. (R. S. Sec. 2184.) 


55 




Trustees May Section 4088. The trustees and managers may 

Remove Children remove a child from a home when, in their judgment, 

From Unsuitable it has become an unsuitable one. In such cases, they 

Homes. shall resume the same power and authority as they 

originally possessed, but they may return a child to 
parents or a surviving parent or guardian, or when they believe the 
child to be capable of caring and providing for himself, may discharge 
him to his own care. They shall have the same powers respecting such 
children and he subject to the same obligations as provided in the case 
of county children's homes by Sections 3098, 3099, 3100, 3101, 3102, 
and 3103 of the General Code. 


HOUSES OF REFUGE. 


Placing Children. Section 4108. The Director of Public Saf ety may, 

at his discretion, place children committed to his care in 
private homes which have been previously investigated to ascertain their 
fitness for the purpose. He may at his discretion pay board for children 
so placed. He shall employ a competent person to visit children so placed 
in such homes at least twice a year, and may at any time, at his discretion, 
remove children so placed from such homes, and return them to such 
house of refuge or place them in another home at his discretion. (R. S. 
Sec. 2063). 


Indentures. 


Section 4109. Recommended repealed. 


When Indentures 
to be Cancelled. 


Section 4110. Recommended repealed. 


When Indentured 

Infant Returned Section 4111. Recommended repealed, 

to Institution. 

Arrest of Fugitives Section 4112. A fugitive from a house of refuge 

From Refuge. and correction,.may be arrested 

and returned to the institution by a sheriff or con¬ 
stable of any county in this state, or public officer of the corporation, or 
officer of such institution, on the written order of the Director of Public 
Safety, directed to the officer, and may be delivered to the custody of such 
officer of the house of refuge and correction as the Director may name. 
(R. S. Sec. 2067). 


SCHOOLS AND ATTENDANCE. 

Section. 

7676 Schools at Children’s Homes, Orphan Asylums and Infirmaries. 

7677 Management of such schools. 

7678 Costs. 

7681 Free schools. 

7692 Health inspection. 

7692-1 Appointment of physician. 

7692-2 Examinations. 

7692-3 Rules: Who makes. 

7692-4 Member of school board not eligible. 

7692-5 Penalty. 

7693 Compensation of employees. 


56 



Section 7676. The board of education in any 
Schools at Chil- district in which a children's home or orphans' asy- 

dren's Homes, lum is established by law, * * * * * w hen 

Orphans’ Asylums requested by the board of trustees of such children's 
and Infirmaries. home or orphans’ asylum ***** when no 
public school is situated reasonably near such home 
or asylum, shall establish a separate school in such home or asylum, 
* * * * * so as to afford to the children therein, as far as prac¬ 

ticable, the advantages and privileges of a common school education, for 
such period as is provided by law for public schools. ***** 

If the distributive share of school funds to which the school at such a 
home or asylum is entitled by the enumeration of children in the insti¬ 
tution is not sufficient to continue the schools for that length of time, the 
deficiency shall be paid out of the funds of the institution or by the 
county commissioners. (R. S. Sec. 4010.) 


Section 7677. All schools so established in any 
Management ol such h ome> asylum or infirmary, shall be under the 

Such Schools. control and management of the respective boards of 

trustees or directors of such institution, which boards in such control 
and management so far as practicable, shall be subject to the same laws 
that boards of education and other school officers are who have charge 
of the common schools of such district. But such teacher must have a 
teacher's elementary school certificate as provided by Section Seven 
Thousand Eight Hundred and Twenty Eight of the General Code. (R. R. 
Sec. 4010.) 


Section 7678. In the establishment of such 
C° sts - schools the commissioners of the county in which 

such children's home, orphans’ asylum or county infirmary is established, 
shall provide the necessary school room or rooms, furniture, fuel, appa¬ 
ratus and books, the cost of which for such schools must be paid out of 
the funds provided for such institution. The board of education shall 
incur no expense in supporting such schools. (R. S. Sec. 4010.) 


Section 7681. The schools of each district shall 
Free Schools. be free to all youth between six and twenty-one 

years of age, who are children or wards of actual 
residents of such district, including children of proper age who are 
inmates of a city, county, or district children's or orphans' home, and 
all youth of school age living apart from their parents or guardians and 
who work to support themselves, but the time in the school year at which 
beginners may enter upon the first year's work of the elementary schools 
shall be subject to the rules and regulations of the local boards of edu¬ 
cation. (Commission.) 


Section 7692. All children attending any of the 
Health Inspection, public schools of this state of whatever grade shall 
be inspected as to their physical condition, including 
that of their lungs, with a view to a discovery of any disability tending 
to impede them in their school work, at least once during each school 
year , which inspection may be made in the presence of the parent or 
guardian if so requested by such parent or guardian. (Commission.) 


57 


Section 7692-1. Each and every hoard of edw- 
Appointment of caion in this state shall appoint at least one school 
School Physician, physician; provided two or more school districts may 
unite and employ one such physician, whose duties shall he such as are 
prescribed in this act. Said school physician shall hold a license to 
practice medicine in Ohio. School physicians may he discharged at any 
time hy the appointing power whether the same he a hoard of education 
or of health or health officer, as herein provided. School physicians shall 
serve one year and until their successors are appointed, and shall receive 
such compensation as the appointing hoard may determine. Such hoards 
may also employ trained nurses to aid in such inspection in such ways 
as may he prescribed by the hoard. Such hoard may delegate the duties 
and powers herein provided for to the hoard of health or officer perform¬ 
ing the functions of a hoard of health within the school district if such 
hoard or officer is willing to assume the same. Boards of education 
shall co-operate with hoards of health in the preventing of epidemics. 
(Commission.) 

Section 7692-2. School physicians shall make 
Examinations. prompt examinations and diagnosis of all children 
referred to them at the beginning of every school 
year and at other times if deemed desirable. They shall make such 
further examination of teachers, janitors and school buildings as in 
their opinion the protection of health of the pupils and teachers may 
require. Whenever a school child, teacher or janitor is found to he ill 
or suffering from positive open pulmonary tuberculosis or other con¬ 
tagious disease, the school physician shall promptly send such child, 
teacher, or janitor home, with a note, in the case of the child, to its 
parent or guardian, briefly setting forth the discovered facts, and ad¬ 
vising that the family physician he consulted. School physicians shall 
keep accurate card-index records of all examinations, and said records, 
that they may he uniform through the state shall be according to the 
form prescribed hy the state school commissioner, and the reports shall 
he made according to the method of said form; provided, however, that 
if the parent or guardian of any school child or any teacher of janitor 
shall at the beginning of the school year furnish the written certificate 
of any reputable physician that the child, or teacher or janitor has been 
examined, in such cases the services of the medical inspector herein pro¬ 
vided for shall he dispensed with, and such certificate shall he furnished 
by such parent or guardian from time to time, as required hy the hoard 
of education. Such individual records shall not he open to the public 
and shall he solely for the use of the hoards of education and health or 
other health officer. If any teacher or janitor is found to have positive 
open pulmonary tuberculosis or other communicable disease, his or her 
employment shall he discontinued upon expiration of the contract there¬ 
for, or, at the option of the board, suspended upon such terms as to 
salary as the hoard may deem just until the school physician shall have 
certified to a recovery from such disease. (Commission.) 

Section 7692-3. The State School Commissioner 
Rules: Who Makes.cmd the State Board of Health, shall jointly pass 
rules for the detailed enforcement of the purposes of 
this act, which rules shall hear the seals of said hoard and commissioner, 
the said rules to he printed and promulgated by the state printer; pro¬ 
mulgation to consist in supplying a reasonable number of copies to each 
school superintendent, from whom all that are interested may receive 
copies. 


58 


Any person violating any of said rules shall be fined not less than 
ten nor more than fifty dollars. (Commission.) 

M ~ . Section 7692-4. No member of a Board of 

Member ot kcnooi Education in any district in this state shall be 
.board rsiot Eligible. e Hg{^i e £ 0 th e appointment of school physician dur¬ 
ing the period for which he or she is elected. (Commission.) 

Section 7692-5. Before receiving any part of 
Penalty. £he state school fund, each Board of Education by 

the affidavit of an officer thereof or otherwise shall prove to the satis¬ 
faction of the state school commissioner that it has complied with the 
requirements of Sections Seven Thousand Six Hundred and Ninety Two, 
Seven Thousand Six Hundred and Ninety Two-One, and Seven Thou¬ 
sand Six Hundred and Ninety Two-Two, of the general code. When any 
such board fails so to establish compliance with this act, said commis¬ 
sioner shall notify the auditors of state, and of the proper county, who 
shall thereupon withhold such funds, until such board shall have com¬ 
plied with the said provisions. (Commission.) 

. Section 7693. The Board of Education of any 

Compensation ot school district, may provide and pay compensation 
Employes. to the employes of the board of health in addition to 

that provided by the city, township or other municipality . (Sec. 4018a 
R. S.) 


COMPULSORY EDUCATION. 


Section 7765 Employment Restrictions. 

Section 7766 Approval of Certificate. 

Section 7765. No child under sixteen years of age 
Employment s ha,ll be employed or be in the employment of any 

Restrictions. person, company or corporation ****** 

unless such child presents to such person, company or corporation an age 
and schooling certificate herein provided for, as a condition of employ¬ 
ment. Such employer shall keep the same on file for inspection by the 
truant officer or officers of the department of workshops and factories. 

Section 7766. An age and schooling certificate 
Approval of shall be approved only by the superintendent of schools, 

Certificate. or by a person authorized by him, in city or other 

districts having such superintendent, or by the clerk of the board of educa¬ 
tion in village, special and township districts not having such superinten¬ 
dent, upon satisfactory proof that such child is over fourteen years of age, 
and that such child has been examined and passed a satisfactory fifth grade 
test in the studies enumerated in section seventy-seven hundred and sixty- 
two, provided, that residents of other states who work in Ohio must qualify 
as aforesaid with the proper school authority in the school district in which 
the establishment is located, as a condition of employment or service, and 
that the employment contemplated by the child is not prohibited by any 

59 


law regulating the employment of children under sixteen years of age. 
Every such age and schooling certificate shall be signed in the presence 
of the officer issuing the same by the child in whose name it is issued. 

In order to ascertain whether applicants for such certificates have 
satisfactorily completed the studies herein prescribed as a condition for 
the issuance of said certificate the Board of Education of each city school 
district shall appoint a juvenile examiner who shall receive such compen¬ 
sation as may be fixed by the Board of Education. No such child residing 
in a city shall be granted such certificate unless such juvenile examiner 
shall have previously certified that he has examined such child and that he 
has passed to his satisfaction the fifth grade test as provided by this 
section or that the public school records show he has passed such test; 
provided further that if a child who in the opinion of said juvenile 
examiner is below the normal in mental development so that he cannot with 
due industry pass such test, such fact may be certified to by said examiner, 
and the superintendent or person authorized by him may at his discretion 
grant such child such age and schooling certificate. 

The age and schooling certificate must be formulated by the state 
commissioner of common schools, and furnished in blank by the clerk of 
the board of education. It shall show the date of its issue. A record giving 
all the facts contained on every certificate issued shall be kept on file in the 
office issuing the same, and also a record of the names and addresses of the 
children to whom certificates have been refused, together with the names 
of the schools which such children should attend and the reasons for 
refusal. 

The superintendent of schools or other person authorized to issue 
employment certificates shall transmit between the first and tenth days of 
each month, to the office of the chief inspector of workshops and factories, 
upon blanks to be furnished by him, a list of the names of the children to 
whom certificates have been issued. Such lists shall give the name and 
address of the prospective employer and the nature of the occupation the 
child intends to engage in. 

Any child between fourteen and sixteen years of age, who shall cease 
to work for any cause whatever, shall report the fact and cause at once to 
the superintendent of schools, or to a person authorized by him in city or 
other districts having such superintendent, or to the clerk of the board of 
education in village, township or special districts not having such superin¬ 
tendent ; said child shall be required to return to school within two weeks, 
provided other employment is not secured within such time; provided that, 
should a child in the opinion of the superintendent or person authorized 
by him in cities and districts having such superintendent, or the clerk of 
the board of education in village, township or special districts, lose his 
employment by reason of persistent, willful misconduct or continuous 
inconstancy, he may be placed in school until the close of the current school 
year. 

The superintendent of schools or the person authorized by him to issue 
age and schooling certificates, shall not issue such certificates until he has 
received, examined, approved and filed the following papers duly executed: 

(1) The written pledge or promise of the person, partnership, or 
corporation to legally employ the child, also the written agreement to return 
to the superintendent of schools or to the person authorized by him to 
issue such certificates, the age and schooling certificate of the child within 
two days from the date of the child’s withdrawal or dismissal from the 
service of the person, partnership or corporation, giving the reason for 
such withdrawal or dismissal. 


(2) The school record of such child, properly filled out and signed 
by the secretary of the board of juvenile examiners, in cities or by the 
principal or other person in charge of the school which such child last 
attended, in other school districts, giving the name, age, address, standing 
in studies enumerated in Section seventy-seven hundred and sixty-two, and 
the number of weeks attendance in school during the school year, previously 
to applying for such school record, and general conduct. 

(3) As evidence of age (a) a passport or duly attested transcript of 

a passport, filed with a registrar of passport or other officer charged with 
the duty of registering passports at the several ports of entry to the 
United States; or a duly attested transcript of the certificate of birth or 
baptism or other religious record, showing the date and place of birth of 
such child; or (h) a duly attested transcript of the birth certificate filed 
according to law with a registrar of vital statistics, or other officer charged 
with the duty of recording births, shall be conclusive evidence of the age of 
the child. 


(c) in case none of the above proofs of age can be produced, other docu¬ 
mentary evidence of age which shall appear to be satisfactory to the 
officer issuing the certificate, (aside from the school record of such child 
or the affidavit of parent, guardian or custodian ), may be accepted in lieu 
thereof. In such case a school census or enumeration record, duly attested, 
may be used as proof of age in the discretion of the officer issuing the 
certificate. ( d ) In case no documentary proof of age of any kind can be 
produced, the officer issuing the certificate may receive and file an applica¬ 
tion signed by the parent, guardian or custodian of the child for a physi¬ 
cian's certificate. Such application shall contain the name, alleged age, 
place and date of birth, and present residence of the child, together with 
such further facts as may be of assistance in determining the age of such 
child, and shall contain a statement certifying that the parent, gvuardian or 
custodian signing such application is unable to produce any of the docu¬ 
mentary proofs of age specified in the preceding subdivisions of this section. 
If the superintendent or officer authorized by him to issue such certificate, 
is satisfied that a reasonable effort to procure such documentary proof has 
been made, the certificate of the school physician, or, if there be none, of a 
physician employed for the purpose by the Board of Education that such 
physician has made a physical examination of such child and is satisfied 
that he is more than fourteen years of age, shall be accepted as sufficient 
proof of the age of such child for the purpose of this act: 

(4) A certificate from the. school physician or if there 

should be none, of the Board of Health, and if there be no Board of Health 
within the school district in question, from a licensed physician appointed 
by the Board of Education showing that the child is physically fit to be 
employed in any of the occupations permitted by law for a child between 
14 and 16 years of age. Provided that if the records of the school physician 
show such child to have been previously sound in health, no further physi¬ 
cian's certificate need be required, but the officer authorized to issue such 
certificate may at his discretion require such physician's certificate in any 
case, as a condition to the issuing of an age and schooling certificate. 

The superintendent or person authorized by him may issue special 
vacation certificates to children between 14 and 16 years of age, which 
shall entitle the holders thereof to be employed during vacations in occupa¬ 
tions not forbidden by law to children under sixteen even though such 
child may not have completed the fifth grade, but provided he has complied 
with all the other requirements for obtaining the certificate hereinbefore 
described. (R. S. Sec. 4022-2.) 


61 





CHAPTER 2. 


APPRENTICES. 


The Commission recommends the repeal of this entire chapter, includ¬ 
ing Sections 8005 to 8022 inclusive of the General Code. 

HUMANE SOCIETY 


Notice and 
Publication. 


Section 10082. Such officer or agent shall cause a 
notice to be personally served upon the person having 
control or possession of such child, and upon its parent 
or parents, if within the state, that the society will apply to the probate 
court of the county in which it is situated, at a time and place named in the 
notice, for an order as hereinafter set forth. If such person or parents 
reside or have gone out of the state or if his or her place of residence is 
unknown so that such notice cannot be served, such officer or agent shall 
file with the probate court an affidavit stating such fact. Thereupon the 
clerk of said court shall cause such notice to be published once in a news¬ 
paper of general circulation throughout the county, and published in the 
county, if there be one so published. The notice shall state the nature oj 
the complaint, and the time and place of the hearing, which shall be held al 
least two weeks later than the date of the publication; and a copy of such 
notice shall be sent by mail to the last known address of such parent 
guardian or other person having custody of such child, unless said affidavit 
shows that a reasonable effort has been made without success to ascertain 
such address. The certificate of the clerk that such publication has beer, 
made or such notice mailed shall be sufficient evidence thereof. Until thi 
time for the hearing arrives, the court shall make such temporary dis¬ 
position of such child as it may deem best. When said period of two weeki 
from the time of publication shall have elapsed, said court shall have ful 
jurisdiction to deal with such child as provided by this chapter. (93 v 
296-1.) 


CHAPTER 11. 

OFFENSES AGAINST MINORS. 


Section 

12964 Inducing minor to play for money, etc. 

12966 Unlawful to sell toy pistols to minors under sixteen years. 

12967 Selling fire-arms or air-guns to minors. 

12968 Employing children under fourteen years in shows, etc. 

. Section 12964. Whoever entices a minor to en- 

Inducing Minor t0 gage in a game for money or other valuable thing, or 
Play for Money, ma kes a wager with a minor upon the result of a game, 
etc - or permits a minor to play a slot machine or other 

gambling device for wares or merchandise or any other thing of value, 
shall be fined not less than fifty dollars nor more than two hundred dollars 
or imprisoned not less than three months nor more than one year. (R. S. 
Sec. 6937). 


Section 12966. Whoever sells or exhibits for sale, 
to a minor under sixteen years of age, a pistol manu¬ 
factured of a metallic or hard substance, commonly 
known as a “toy pistol” or air gun, or any form of ex¬ 
plosive gun, shall be fined not less than ten dollars nor 
more than fifty dollars or imprisoned not less than ten days nor more than 
twenty days, or both, and be liable in damages to any person injured by 
such sale. (R. S. Sec. 6986b). 

Section 12967. Whoever sells, barters, furnishes 
belling .b ire-arms or gj ves to a minor under the age of seventeen years, 
or Air-guns to an a i r _g Un> musket, rifle, shotgun, revolver, pistol or 

Minors. other fire-arm, or ammunition therefor, or, being the 

owner or having charge or control thereof, knowingly permits it to be 
used by a minor under such age, shall be fined not more than one hundred 
dollars or imprisoned in jail not more than thirty days, or both. (R. S. 
Sec. 6986a). 

Section 12968. Whoever takes, receives, hires, 
employs, uses, exhibits, sells, apprentices, gives away, 
lets out or otherwise disposes of a child, under the age 
of fourteen years for or in the vocation, occupation or 
purpose of singing, playing on musical instruments, 
rope or wire walking, dancing, taking any part in, or appearing in connec¬ 
tion with a moving picture exhibition or performance given in a theatre or 
place of public amusement, begging or peddling or as a gymnast, contor¬ 
tionist, rider or acrobat, or for an obscene, indecent or immoral purpose, 
exhibition or practice, or for or in a business exhibition or vocation injur¬ 
ious to the health or dangerous to the life or limb of such child, or causes, 
procures or encourages such child to engage therein, or causes or permits 
such child to suffer or inflicts upon it unjustifiable physical pain or mental 
suffering, or has such child in custody for any of such purposes, shall be 
fined not more than two hundred dollars or imprisoned not more than six 
months, or both. (R. S. Sec. 6984.) 


Employing Chil¬ 
dren Under Four¬ 
teen Years in 
Shows, etc. 


Unlawful to Sell 
Toy Pistols to 
Minors Under 
Sixteen Years. 


EMPLOYING MINOR IN FACTORY, ETC. 


Section. 

12993 Minor under fourteen years not to be employed. 

12994 Employing minor without schooling certificate. 

12995 Filing certificate. 

12996 Minor working more than eight hours a day, etc. 

12996-1 Age of night messengers. 

12997 Time for meals. 

12998 Record to be kept of minors employed; notice of hours. 

12999 Chief inspector shall enforce. 

13000 Certificate as prima facie evidence. 

13001 Minor under sixteen years not to be employed, when. 

13002 Same. 

13003 Same. 

13004 Same. 

13005 Girls not compelled to remain standing. 

13006 Permitting female visitor to enter premises. 

13007 Fines paid into school funds. 


63 


13007-1 Children apparently under sixteen. 

13007-2 Same. 

13007-3 Children under eighteen. 

13007-4 Same. 

13007-5 Persons under twenty-one. 

13007-6 Females under twenty-one. 

13007-7 Street Trades. Boys under 12, girls under 16. 
13007-8 Boys under 14, girls under 16. 

13007-9 Boys under 16. 

13007-10 Permit. 

13007-11 Same. 

13007-12 Badge. 

13007-13 Hours for Street Trades. 

13007-14 Child deemed Delinquent. 

13007-15 Enforcement. 

13007-16 Visits by Inspectors. 

13007-17 False Statements. 

13007-18 Penalties. 

13007-19 Same. 

13007-20 Failure to keep Certificate on File. 

13007-21 Hindering Factory Inspector. 

13007-22 Violation of act by Officer. 

13007-23 False Statements in Certificate. 

13007-24 Child to give name, etc. 

13007-25 Aiding minor to sell goods. 


Section 12993. No child under fourteen years of 
Minor under h our- a g & employed, permitted or suffered to work 

teen Years Not to be^ a i) 0U t or in connection with any (1) Mill, (2) Fac- 
Employed. tory, (3) Workshop, (4) Mercantile or Mechanical 

Establishment, (5) Tenement-house, Manufactory or Workshop, (6) 
Store, (7) Office, (8) Office Building, (9) Restaurant, (10) Boarding-house, 
(11) Bakery, (12) Barber Shop, (13) Hotel, (14) Apartment House, (15) 
Bootblack Stand or establishment, (16) Public Stable, (17) Garage, (18) 
Laundry, (19) Place of Amusement, (20) Club, (21) or as a driver, (22) 
or in any brick or lumber yard, (23) or in the construction or repair of 
buildings, (24) or in the distribution, transmission or sale of merchandise 
(25) or in the transmission of messages . 

It shall be unlawful for any person, firm or corporation to employ 
permit or suffer to work any child under fourteen years of age in am 
business or service whatever during any of the hours when the publi< 
schools of the district in which the child resides are in session . (99 V. 30 

32, Secs. 1, 3). 


Section 12994. No child betwee] 

Employing Minor fourteen and sixteen years of age shall be employe 
Without schooling or p erm itt e d to work in or in connection with sue 
Certificate. establishment, or in the distribution or transmissio 

of merchandise or messages, without first procuring from the prope 
authority the age and schooling certificate provided by law. (99 V. 3 
Sec. 1). 

Section 12995. The certificate mentioned in t Y 
Filing Certificate Section 12994 shall be filed in the office of such 
establishment and shall be produced for inspection upon request there¬ 
for by the chief or district inspector of workshops and factories or 


64 



a truant officer and shall be returned forthwith to the superintendent of 
schools or other person legally issuing it, by the person in charge or man¬ 
ager of such establishment upon the termination of the employment of 
such minor. (99 V. 30 Sec. 1). 

w ,. Section 12996. No boy under the age of sixteen 

Minor working an( ft n0 gi r i under the age of eighteen years shall be 

More than -kight employed, permitted or suffered to work in, about or 
nours a u ay, etc. connec tion with any establishment or occupation 
named in Section 12993 (1) for more than six days in any one week, (2) 
nor more than forty-eight hours in any week, (3) nor more than eight 
hours in any one day, (4) or before the hour of seven o'clock in the morn¬ 
ing or after the hour of six o'clock in the evening. The presence of such 
child in any establishment during working hours shall be prima facie evi¬ 
dence of its employment therein. No boy or girl under the age of eighteen 
years shall be employed, permitted or suffered to work in, about or in 
connection with any establishment or occupation named in Section 12993 
(1) for more than six days in any one week, (2) nor more than fifty-four 
hours in any week, (3) nor more than ten hours in any one day, (4) or 
before the hour of six o'clock in the morning or after the hour of ten 
o'clock in the evening. 


. Section 12996-1. No person having charge or 

Age ot Night management of a telephone, telegraph or messenger 

Messengers. office or company shall employ a boy under the age 

of eighteen years to work as a messenger in connection with such office 
or company before the hour of six o'clock in the morning or after the 
hour of nine o'clock in the evening of any day. 


Section 12997. A boy or girl employed as pro- 

Time for Meals. yided in.Section 12996-1, shall be 

entitled to not less than thirty minutes for meal time which shall not be 
included as a part of the work hours of the day or week. (99 V. 30 Sec 1). 


Section 12998. No child under sixteen years of 
age shall be employed, permitted or suffered to work in, 
about or in connection with any establishment or 
occupation named in Section 12993 unless the person, 
firm or corporation employing such child procures and 
keeps on file, and accessible to any truant officer, inspector of workshops and 
factories, or other authorized inspector or officer charged with the enforce¬ 
ment of this act, the employment certificate as hereinafter provided, issued 
to said child; and keeps two complete lists of the names together with the 
ages of all boys under sixteen years of age and all girls under eighteen 
years of age employed in or for such establishment or in such occupation, 
one on file and one conspicuously posted near the principal entrance of the 
place or establishment in which such children are employed. 

Every employer shall post and keep posted in a conspicuous place in 
every room where any boy under the age of eighteen, or any girl under the 
age of ( eighteen) years is employed, permitted or suffered to work 
a printed notice stating the maximum number of hours such person may 
be required or permitted to work on each day of the week, the hours of 
commencing and stopping work, and the hours allowed for dinner or for 
other meals. The printed form of such notices shall be furnished by the 
chief inspector of workshops and factories and the employment of any 


Record to be Kept 
of Minors Em¬ 
ployed; Notice 
of Hours. 


65 




minor for a longer time in any day than so stated, or at any time other 
than as stated in said printed notice shall he deemed a violation of the pro¬ 
visions of this act. (99 V. 30, 32 Secs. 1, 3). 

Section 12999. The notice provided in. 

JL nspector Section 12998 shall be formulated by the chief inspector 

Shall Enforce. 0 f workshops and factories, approved by the attorney- 

general and furnished by such inspector upon application therefor. (99 
V. 30 Sec 1). 


Section 13000. Failure to produce for lawful in- 
Certincate as Pnma spec ti on the age and schooling certificates as provided 
Facie Evidence. by law, or the record as provided in Section twelve 
thousand, nine hundred and ninety-eight, shall be prima facie evidence 
of the illegal employment or service of the child whose certificate is not 
so produced or whose record is not so correctly kept. (99 V. 30 Sec. 1). 

Section 13001. No child under the age of sixteen 
years shall he employed, permitted or suffered to work 
at any of the following occupations or in any of the 
following positions: (1) adjusting any belt to any ma¬ 
chinery; (2) sewing or lacing machine belts in any 
workshop or factory; (3) oiling, wiping or cleaning machinery or assist¬ 
ing therein; (4) operating or assisting in operating any of the following 
machines: (a) circular or hand saws; ( h ) wood shapers; (c) wood jointers' 
(d) planers; (e) sandpaper or wood-polishing machinery; (/) woodturn¬ 
ing or boring machinery; ( g) picker machines or machines used in picking 
wool, cotton, hair or any other material; (h) carding machines; ( i) paper- 
lace machines; ( j ) leather-burnishing machines; ( k ) job or cylinder 
printing presses operated by power other than foot poiver; (l) boring 
or drill presses; (m) stamping machines used in sheet-metal and tin-ware, 
or in paper and leather manufacturing, or in washer and nut factories; (n) 
metal or paper cutting machines; (o) corner staying machines in paper 
box factories; ( p) corrugating rolls, such as are used in corrugated, paper, 
roofing or washboard factories; ( q ) steam boilers; (r) dough brakes or 
cracker machinery of any description; (s) wire or iron straightening or 
drawing machinery; ( t) rolling mill machinery; {u) power punches or 
shears; {v) washing, grinding or mixing machinery; (w) calendar rolls 
in paper and rubber manufacturing; (x) laundering machinery; (5) or 
in proximity to any hazardous or unguarded belts, machinery or gearing; 
(6) or upon any railroad, whether steam, electric or hydraulic; (7) or 
upon any vessel or boat engaged in navigation or commerce within the 
jurisdiction of this State. 


Minor Under Six¬ 
teen Years rot to 
be Employed, 
When. 


Section 13002. No child under the age of sixteen 
Same - years shall be employed, permitted or suffered to work 

in any capacity (1) in, about or in connection with any processes in which 
dangerous or poisonous acids are used; (2) nor in the manufacture or 
packing of paints, colors, white or red lead; (3) nor in soldering; (4) nor 
in occupations causing dust in injurious quantities; (5) nor in the manu¬ 
facture or use of dangerous or poisonous dyes; (6) nor in the manufacture 
or preparation of compositions with dangerous or poisonous gases; (7) 
nor in the manufacture or use of compositions of lye in which the quantity 
thereof is injurious to health; (8) nor on scaffolding; (9) nor in heavy 
work in the building trades; (10) nor in any tunnel or excavation; (11) 
nor in, about or in connection with any mine, coal breaker, coke oven, or 


66 



quarry; (12) nor in assorting, manufacturing or packing tobacco; (13) 
nor in operating any automobile, motorcar or truck; (14) nor in a bowling 
alley; (15) nor in a pool or billiard room; (16) nor in any other occupa¬ 
tion dangerous to the life and limb, or injurious to the health or morals 
of such child. (99 V. 31, 32 Secs. 2, 3). 


_ Section 13003. The State Board of Health may, 

^ ame ‘ from time to time, after a hearing duly had, determine 

whether or not any particular trade, process of manufacture or occupa¬ 
tion in which the employment of children under the age of sixteen years 
is not already forbidden by law, or any particular method of carrying on 
such trade, process of manufacture or occupation, is sufficiently danger¬ 
ous to the lives or limbs or injurious to the health or morals of children 
under sixteen years of age to justify their exclusion therefrom. No 
child under sixteen years of age shall be employed, permitted or suffered 
to work in any occupation thus determined to be dangerous or injurious 
to such children. There shall be a right of appeal to the Common Pleas 
Court from any such determination. (Commission). 

Section 13004. Repealed by Commission 

Section 13005. No girl under the age 

of twenty-one years shall be engaged or permitted to 
work at employment which compels her to remain 
standing constantly.(90 V. 31, 32 Secs. 


Section 13006. No female visitor shall be pre¬ 
vented, as provided by law, from entering, at reason¬ 
able hours, a shop, factory or mercantile establish¬ 
ment for the purpose of making a lawful inspection 
.. . (99 V. 32 Secs. 3, 4). 


Same. 


Girls not Com¬ 
pelled to Remain 
Standing. 

2, 3). 


Permitting Female 
Visitor to Enter 
Premises. 

fhoronf 


. Section 13007. The fines collected under this sub- 

Fines Paid into division of this chapter shall inure to the benefit of 

School Funds. the school fund of the district where the offense was 

committed. (99 V. 32 Sec. 3). 


Section 13007-1. An inspector of factories, 
Children Apparent- t ruan t officer, or other officer charged with the enforce- 
ly Under Sixteen. me nt of this act may make demand on any employer 
in or about whose place or establishment a child apparently under the age 
of sixteen years is employed or permitted or suffered to work, and whose 
employment certificate is not filled as required by this act, that such 
employer shall either furnish him, within ten days, satisfactory evidence 
that such child is in fact over sixteen years of age, or shall cease to employ 
or permit or suffer such child to work in such place or establishment. 
The inspector of factories, truant officer or other officer charged with the 
enforcement of this act, shall require from such employer the same evi¬ 
dence of age of such child as is required upon the issuance of an employ¬ 
ment certificate, and the employer furnishing such evidence shall not be 
required to furnish any further evidence of the age of the child. (Com¬ 
mission) . 


67 





Section 13007-2. In case any employer shall fail 
S ame - to produce and deliver to a factory inspector, truant 

officer, or other officer charged with the enforcement of this act, ivithin ten 
days after demand made pursuant to Section 13007-1 of this act, the 
evidence of age therein required, and shall thereafter continue to employ 
such child or permit or suffer such child to ivork in such place or estab¬ 
lishment, proof of the making of such demand and of such failure to pro¬ 
duce and file such evidence shall be prima facie evidence of the illegal 
employment of such child in any prosecution brought therefor. (Com¬ 
mission). 


nu-iA tt a Section 13007-3. No child under the age of 

Children Under eighteen years shall be employed, permitted or suffered 

Eighteen. yjQ^ (i) about or in connection with blast fur¬ 

naces, docks, or wharves; (2) in the outside erection and repair of electric 
wires; (3) in the running or management of elevators, lifts or hoisting 
machines, or dynamos; (4) in oiling or cleaning machinery in motion; 

(5) in the operation of emery wheels or any abrasive, polishing or buffing 
wheel where articles of the baser metals or iridium are manufactured; 

(6) at switch tending; (7) gate tending; (8) track repairing; (9) or 
as brakemen, firemen, engineers, motormen or conductors upon railroads; 
(10) or as railroad telegraph operators; (11) as pilots, firemen or engi¬ 
neers upon boats and vessels; (12) or in or about establishments wherein 
nitroglycerine, dynamite, dualin, guncotton, gunpowder or other high or 
dangerous explosives are manufactured, compounded or stored; (13) or 
in the manufacture of white or yellow phosphorus or phosphorus matches; 
(14) or in any distillery, breiuery, or any other establishment where malt 
or alcoholic liquors are manufactured, packed, wrapped or bottled; (15) 
or in any hotel, theatre, concert hall, place of amusement, or any other 
establishment where intoxicating liquors are sold; (16) nor any boy under 
16 or girl under 18 in any theatre or other place of amusement, except on 
the stage thereof when not otherwise prohibited by law. (Commission.) 


Section 13007-4. The State Board of Health may, 
Same - from time to time, after hearing duly had, determine 

whether or not any particular trade, process of manufacture or occupa¬ 
tion, in which the employment of children under eighteen years of age is 
not already forbidden by law, or any particular method of carrying on such 
trade, process of manufacture or occupation, is sufficiently dangerous to 
the lives or limbs or injurious to the health or morals of children under 
eighteen years of age to justify their exclusion therefrom. 

No child under eighteen years of age shall be employed, permitted 
or suffered to work in any occupation thus determined to be dangerous or 
injurious to such children. There shall be a right of appeal to the Com¬ 
mon Pleas Court from any such determination. (Commission.) 

Persons Under Section 13007-5. No person under twenty-one 

Twenty-one. years of age shall be employed, permitted or suffered 

to work in, about or in connection with any saloon or bar-room where 
intoxicating liquors are sold. (Commission). 

Section 13007-6. No female under ( twenty-one ) years of age shall 
been employed, permitted or suffered to work in or about any (1) mine, (2) 
quarry, (3) or coal breaker, except in the office thereof, (4) or in oiling 
or cleaning machinery while in motion. (Commission). 


68 


STREET TRADES. 


Section 13007-7. No boy under twelve years of 
Boys Under 12. age, and no girl under sixteen years of age shall, in 

Girls Under 16. any city, distribute, sell, expose, or offer for sale (1) 

newspapers, (2) magazines or (3) periodicals in any 
street or public place . 


Boys Under 14. 
Girls Under 16. 


Section 13007-8. No boy under fourteen years of 
age and no girl under sixteen years of age shall, in any 
city be employed or permitted or suffered to work at 
any time as (1) a bootblack, or (2) in any other trade or occupation per¬ 
formed in any street or public place, or (3) in the distribution of hand 
bills or circulars, or (4) any other articles except newspapers, magazines 
and periodicals as hereinafter provided. 


T _ Section 13007-9. No boy under sixteen years of 

Boys Under 16. afire s h a U f [ n an y c [iy f distribute, sell, expose or offer 
for sale in any street or public place any (1) newspapers, (2) magazines, 
(3) or periodicals, (4) or work in any of the trades or occupations men¬ 
tioned in Section 13007-8 unless he complies with all the legal require¬ 
ments concerning school attendance, and unless a permit and badge as 
hereinafter provided shall have been issued to him by the superintendent 
of schools or by a person authorized by him in writing, or, where there 
is no superintendent of schools, by a person authorized by the school board 
or committee of the city or school district where such boy resides, upon 
the application in person of the parent, guardian or custodian of the child 
desiring such permit and badge, or in case said child has no parent, 
guardian or custodian, then upon the application of his next friend, being 
an adult. (Commission). 


Section 13007-10. Such permit and badge shall 
Fermit. UQ ^ ^ issued until the officer issuing the same shall 

have received, examined, approved and filed the following papers, duly 
executed, viz :— 

(1) Evidence that such boy is of the age required by Section 13007-7 
or 13007-8, as the case may be. Such evidence of age shall consist of the 
proof of age required for the issuing of an age and schooling certificate 
as specified in Section 7766 of the General Code. 

(2) The written statement of the principal or chief executive officer 
of the school which the child is attending, stating that such child is an 
attendant at such school with the grade such child shall have attained, 
and, that he has reached the normal development of a child of his age 
and is physically and mentally fit for such employment and that he is 
able to do such work beside the regular school work required by law. 

After having received, examined and placed on file such papers, the 
officer shall issue to the child a permit and badge, provided, that in the 
case of a boy between the ages of fourteen and sixteen having an employ¬ 
ment certificate, such certificate shall be accepted by the officer issuing 
such permit and, badge in lieu of any other requirements. 

Principals or chief executive officers of schools shall keep complete 
lists of all children in their schools to whom permits and badges, as herein 
provided, have been granted. (Commission). 


69 


Section 13007-11. Such permit shall state the 
^ ame * name and the date and place of birth of the child, the 

name and address of the parent or guardian or custodian or next friend 
making application for such permit, and shall describe the color of the 
hair and eyes, the height and weight, and any distinguishing facial marks 
of such child and shall further state that the papers required by the pre¬ 
ceding sections have been duly examined and signed, and that the child 
named in such permit has personally appeared before the officer issuing 
the permit. The badge furnished by the officer issuing the permit shall 
bear on its face a number corresponding to the number of the permit and 
the name of the child. Every such permit and every such badge on its 
reverse side shall be signed in the presence of the officer issuing the same 
by the child in whose name it is issued. (Commission). 

Section 13007-12. The badge provided for herein 
Bad £ e * shall be worn conspicuously at all times by such child 

while so working. All such permits and badges shall expire annually on 
the first day of January, and no such permit or badge shall be authority 
beyond the period fixed therein for its duration. The color of the badge 
shall be changed each year, and shall at all times be varied according to 
the occupation which such child is entitled hereunder to engage in. 

No child to whom such permit and badge are issued shall transfer the 
same to any other person. He shall exhibit the same upon demand at any 
time to any officer charged with the duty of enforcing the provisions of 
this act relating to street trades. (Commission). 


Section 13007-13. No child under sixteen to 
Hours for Street whom a permit and badge are issued as provided for 
Trades. ^ preceding sections of this act shall distribute, 

sell, expose, or offer for sale, any newspapers, magazines or periodicals, 
or work at any of the trades or occupations mentioned in Section 28 in any 
street or public place (1) after eight o'clock in the evening, (2) or before 
six o'clock in the morning, (3) nor during the hours when the public 
schools in the city in which such child resides are in session, unless pro¬ 
vided with an employment certificate. 

n a Section 13007-14. Any child in any city who 

Child Deemed shall distribute, sell, expose or offer for sale news- 

Delinquent. papers, magazines or periodicals, or shall work at any 

of the trades or occupations mentioned in Section 13007-8, in violation of 
any of the provisions of this act shall be deemed delinquent and may be 
arrested and brought before the juvenile court, if there be any juvenile 
court in the city where such child resides, or, if not , before any court or 
magistrate having jurisdiction over offenses committed by children, and 
shall be dealt with according to laiv. Upon the recommendation of the 
principal or chief executive officer of the school which such child is attend¬ 
ing, or upon the complaint of any officer charged ivith the duty of enforcing 
this act, or of any police officer, truant officer or probation officer of a 
juvenile court, the permit of any child who violates any of the provisions 
of this act, or who becomes delinquent or fails to comply with all the legal 
requirements concerning school attendance, may be revoked by the officer 
issuing the same, for a period of six months, and a badge taken from such 
child. The refusal of any child to surrender such permit and badge, or the 
working at any of the occupations above mentioned in any street or public 
place by any child after notice of the revocation of such permit shall be 
deemed a violation of this act. (Commission). 


70 


Enforcement. 


Section 13007-15. Probation officers, humane 
societies, truant officers, and the police shall enforce 
the provisions for the preceding sections relating to the employment of 
children in street trades. 


v . . , Section 13007-16. Inspectors of factories, truant 

v lsits by officers and other authorized inspectors may, within 

inspectors. their respective districts or jurisdictions, visit and in¬ 

spect at any time any place of employment mentioned in this act, and 
shall ascertain ivhether any minors are employed therein contrary to the 
provisions of this act; and they shall report weekly to the school authorities 
any cases of children under sixteen years of age discharged for illegal em¬ 
ployment; and truant officer shall also report the same to the chief or 
district factory inspector. 


It shall be the duty of factory inspectors, truant officers and other 
officers charged with the enforcement of laws relating to the employment 
of minors, to make complaints against any person violating any of the 
provisions of this act and to prosecute the same. 


This shall not be construed as a limitation upon the right of other 
persons to make and prosecute such complaints. (Commission). 


Section 13007-17. Any person who with the in- 
b alse Statements. £ en] 11 0 assist a minor to procure employment, knowing¬ 


ly makes a false statement regarding the age of such minor either to an 
employer of labor or to an officer authorized to issue age and schooling 
certificates as provided by law, shall be fined not less than twenty-five nor 
more than fifty dollars. 


Section 13007-18. Any person, firm or corpora- 
Penalties. tion, agent or manager of any firm or corporation, 

who, whether for himself or for such firm or corporation, or by himself, or 
through agents, servants or foremen, employs any child or girl under the 
age of twenty-one and whoever having under his control as parent, 
guardian, custodian or othenvise, any child, permits or suffers such child 
or girl to be employed or to work in violation of any of the provisins of 
this chapter, shall, for a first offense be punished by a fine of not less than 
five dollars nor more than fifty dollars; for a second offense by a fine of 
not less than fifty dollars nor more than two hundred dollars, or by 
imprisonment for not more than thirty days or by both such fine and 
imprisonment; for a thi7;d offense by a fine of not less than two hundred 
dollars, or by imprisonment for not more than sixty days, or by both such 
fine and imprisonment. (Commission). 

Section 13007-19. Whoever continues to employ 
Same. any c hild or girl under 21 in violation of any of the pro¬ 

visions of this chapter, after being notified thereof in writing by a factory 
inspector, truant officer or other officer charged with the enforcement of 
this act, shall, for every day thereafter that such employment continues, be 
fined not less than five nor more than twenty dollars. (Commission.) 

Section 13007-20. Every employer who fails to 
Failure to Keep procure and keep on file employment certificates for all 
Certificate on File, children employed under the age of sixteen years, or 
who fails to keep and post lists or the notice, as provided in Section 12998, 
shall be fined not less than five dollars nor more than one hundred dollars. 
(Commission.) 


71 


. Section 13007-21. Any person, firm, or corpora- 

Hindering factory ^ on w j l0 (i) hinders or delays any factory inspector, 
inspector. truant officer, or any other officer charged with the 

enforcement of any of the provisions of this act in the performance of 
his or her duties, (2) or refuses to admit or locks out any such officer 
from any place which said inspectors or officers are authorized to inspect 
shall he punished by a fine of not less than five nor more than two hundred 
dollars, or by imprisonment for not less than ten days nor more than 
thirty days, or by both such fine and imprisonment. (Commission). 

. Section 13007-22. Any inspector of workshops 

h 1 °offl° n °* ACt an d f ac t° r i es > or other authorized inspector , truant 
by Omcer. officer, superintendent of schools or other person 

authorized to issue employment certificates or permits and badges as 
required by this act, or other person charged with the enforcement of any 
of the provisions of this act, who knowingly and wilfully violates or fails 
to comply with any of the provisions of this act shall be fined not less than 
five nor more than one hundred dollars. (Commission). 


Section 13007-23. Any person authorized to sign 
False Statements an y certificate, affidavit or paper called for by this act, 
in Certificate. wilQ h now i n giy certified to any materially false state¬ 

ment therein, shall be fined not less than five dollars nor more than one 
hundred dollars. (Commission). 


Section 13007-24. Any child ivorking in or in 
Child to Uive connection with any of the establishments or places 

Name, etc. or aU y occupations mentioned in this chapter, 

who refuses to give to the inspector of workshops and factories or other 
authorized inspector or truant officer his or her name, age and place of resi¬ 
dence, shall be forthwith conducted by the inspector, truant officer or other 
officer before the juvenile court for examination and to be dealt with ac¬ 
cording to law . 


Section 13007-25. Any person who, either for 
Aiding Minor to himself or herself or as agent of any other person or 
Sell Goods. an y corporation, furnishes or sells to any minor any 

article of any description with the knowledge that said minor intends to 
sell said article in violation of the provisions of this chapter, or who shall 
continue to furnish or sell articles of any description to a minor after 
having received written notice from any officer charged with the enforce¬ 
ment of this act, or from the officer issuing the permit and badge required 
by Section 13007-9, that said minor is unlicensed to sell such articles, shall 
be punished by a fine of not less than five dollars or more than two hundred 
dollars, or by imprisonment for not less than ten days nor more than 
thirty days, or by both such fine and imprisonment. (Commission). 


72 


INDEX 


Subject 

Apprentices .. 

Board of State Charities. 

Child Placing . 

Children’s Homes. 

City Children’s Homes. 

Compulsory Education . 

County Children’s Homes. 

County Visitors . 

Defectives . 

District Children’s Homes.... 

Employment Certificates. 

Employment of Minors. 

Feeble Minded . 

Houses of Refuge. 

Humane Society. 

Institution for Feeble Minded. 

Juvenile Court. 

Offenses Against Children.... 

Ohio State Reformatory. 

Orphan Asylums. 

Reformatories . 

Schools and Attendance. 

School Inspection . 

Semi-Public Children’s Homes 

Street Trades. 

Widows’ Pensions . 


Page 

...31, 37, 62 

.4, 10-14 

.2 

.3, 42-55, 57 

.43-55 

.59-61 

. . . .42, 44-57 

.29, 50 

.9 

. . . .43, 52-54 

.59-61 

.59-61, 63-72 

.9,29 

.56 

.62 

.9,29 

.5, 15-29 

....7, 62, 63 

.37-42 

42, 43, 44, 57 
...7,9, 30-42 

.56-59 

.8, 57-59 

...43, 57, 58 

.69,70 

.6, 27, 28 


61 




























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